OCT 


GIFE 


GOOD  ROADS 


AN  OUTLINE: 

OK  STATE  ROAD  SYSTKMS 


Compiled  by 
SVEINBJORN  JOHNSON 

Legislative  Reference 
Librarian 


j  North  Dakota  Public  Library  Commission 
•"'  ..........  Legislative  Reference  Department 

Bulletin  No.  2 

BISMARCK 
1910 


BISMARCK I 

THIBUNK,     PRIXTERB    AND    BIWDIK*. 

1  SI  O 


GOOD    ROADS 


AN  OUTLINE 
OK  STATE  ROAD  SYSTEMS 


Compiled  by 
SVEINBJORN  JOHNSON 

Legislative  Reference 
Librarian 


North  Dakota  Public  Library  Commission 
//       Legislative  Reference  Department 

Bulletin  No.  2 

BISMARCK 
1910 


BISMARCK ! 

TRIBUNE,     1'RINTKRS    AND    BIXDKRS, 

1  9  1  O 


One  of  the  most  absorbing  questions  before  the  people  of 
this  state  is  that  of  good  roads.  Demands  for  legislation  on 
'this  subject  have  come  from  every  quarter  and  the  platforms 
of  the  parties  have  taken  the  matter  up.  It  is  believed  that 
the  following  brief  summaries  and  outlines  of  the  systems  of 
other  states  will  enable  legislators  and  the  public  interested 
in  the  question  to  see  at  a  glance  what  has  been  accomplished 
and  what  plan  or  combination  of  plans,  is  best  suited  to  con- 
ditions in  this  state. 

This  is  the  second  of  the  series  of  bulletins  dealing  with 
state  problems  issued  by  the  Legislative  Reference  Department, 
the  first  having  dealt  with  State  Tax  Commissions. 

SVEINBJORN  JOHNSON, 
Legislative  Reference  Librarian. 


ET  O 


TABLE  OF  CONTENTS. 


Page 

Introductory    .........................................  7 

Part  I—  Good   Roads   States    ............................  11 

California    ...........................................  11 

Colorado    ...  .........................................    '     13 

Connecticut    ..........................................  15 

Delaware    ............................................  17 

Idaho    ................................................  19 

Illinois     .............................................  21 

Maine    ...............................................  23 

Maryland    ........................................  ....  26 

Massachusetts    .......................................  28 

Michigan    ............................................  30 

Minnesota    ..........................................  34 

New   Hampshire    ............................  .    ----  .  ----  37 

New    Jersey    ..........................................  39 

New    Mexico    ......................  »  ..................  41 

New  York    ............  .................................  43 

O'hio    ...............  .................................  47 

Pennsylvania    ........................................  50 

Rhode  Island    ........................................  53 

Vermont    .....  .......................................  54 

Virginia    .............................................  56 

Washington    ..........................................  59 

West    Virginia    ........................................  63 

Part  II—  Road  Systems  in  other  States   .................  66 

Alabama    ..........................................  .  .  66 

Arizona   ..............................................  66 

Arkansas    .......................  .....................  67 

Florida    ..............................................  68 

Georgia   ..............................................  69 

Indiana    ..............................................  70 

Iowa    ................................................  71 

Kansas    ..............................................  72 

Kentucky    ............................................  73 


DIGEST   OF 


LEGISLATION 


Page 

Louisiana   74 

Montana    75 

Mississippi    

Missouri    77 

Nebraska    78 

Nevada    

North  Carolina  79 

North   Dakota    80 

Oklahoma   81 

Oregon 82 

South   Carolina 83 

South    Dakota 84 

Tennessee   84 

Texas    85 

Utah    86 

Wisconsin    87 

Wyoming   88 

Appendix    

State  Highway  Departments    89 

Organization    and    constitution    89 

Powers   and   duties    ' 89 

Qualifications   of  members    

Salaries    

Number  of  commissioners    

Expenditures  by  states   for  good   roads    96 

Cost  of  roads  per  mile    94-95 

State  appropriation   

State  tax  levies    91 

Assessed  valuations  of  states    

State  aid    

Paid  by  state  91 

Paid  by   county    

Paid  by  township    

Paid  by  abntter    

Statute  labor 91 

Local   bonds    93 


INTRODUCTORY. 

It  is  only  within  recent  years  that  the  bad  condition  of  the 
wagon  roads  of  this  country  began  to  receive  anything  more 
than  passing  attention.  While  the  foreign  tourist  admitted 
that  our  railroad  service  was  the  best,  he  branded  our  pub- 
lic highways  as  the  worst  in  the  world.  Then  came  the  bicycle 
and  the  automobile  and  the  operators  of  these  added  their 
voices  to  the  constantly  swelling  chorus  of  complaints  against 
our  public  roads.  The  result  was  that  individuals,  associations, 
localities  and  finally  states  took  the  matter  of  highway  im- 
provement seriously  in  hand. 

THE   STATE   HIGHWAY   DEPARTMENT. 

The  eastern  states,  where  the  first  real  progress  in  the  direc- 
tion of  road  improvement  was  made,  sought  to  profit  by  the 
experience  of  the  Old  World  in  the  field  of  highway  construc- 
tion. Experience  had  conclusively  shown  that  the  work  of 
permanent  highway  improvement  called  for  technical  skill  and 
funds  altogether  beyond  the  resources  of  the  average  commu- 
nity. Moreover,  if  permanent  road  building  were  left  to  local 
enterprise,  there  would  result  a  lack  of  uniformity  of  plan 
and  execution  fatal  to  the  most  desirable  and  lasting  results. 
To  meet  these  difficulties  one  state  after  another  created  state 
highway  departments  and  provided  for  the  services  of  skilled 
engineers  in  connection  therewith.  This  department  assisted 
the  local  road  authorities,  prepared  plans  and  specifications  for 
highway  improvement,  aided  in  the  selection  of  highways  to 
be  improved,  superintended  the  expenditure  of  state  aid  money 
and  gave  advice  and  instructions  to  overseers  generally. 

One  of  the  most  important  matters  in  this  connection  is  the 
constitution  of  the  highway  department.  By  reference  to  the 
summaries  it  will  be  seen  that  there  are  at  least  four  types 
of  organization  in  control  of  the  department.  It  is  sufficient 
to  point  out  in  this  place  that  the  plan  that  has  won  the 
approval  of  the  United  States  Office  of  Public  Roads  is  that 
whereby  the  highway  commission  is  composed  of  the  profes- 


8  DIGEST  OF  LEGISLATION 

sors  of  civil  engineering  in  different  state  colleges  as  ex  officio 
members.  The  board  continues  in  existence  regardless  of  the 
mutations  of  politics  or  rotation  in  office.  It  seems  to  be  the 
opinion  of  the  Office  that  this  form  of  commission  will  be 
free  from  every  form  of  political  influence  and  can  therefore 
attain  the  highest  efficiency. 

STATE  AID. 

The  next  step  in  the  progress  of  highway  improvement  was 
the  granting  of  state  aid.  The  locality  could  not  bear  the 
financial  burden  or  furnish  the  technical  skill.  Moreover,  the 
condition  of  the  public  highways  came  to  be  regarded  not 
merely  of  local  interest  but  of  importance  to  the  state  as  a 
whole  and  on  this  theory  the  states  granting  state  aid  proceed- 
ed to  distribute  thousands  of  dollars  among  the  counties  and 
towns. 

STATE    SUPERVISION. 

With  the  granting  of  state  aid  came  increased  state  super- 
vision. No  state  appropriates  money  for  road  improvement 
without  supervising  directly  the  work  when  completed  and 
furnishing  from  the  state  office  the  plans  and  specifications. 
In  a  few  instances  the  plans  are  prepared  by  the  local  authori- 
ties, but  in  all  cases  are  subject  to  examination  by  the  high- 
way department. 

LOCAL   SUPERVISION. 

In  further  recognition  of  the  need  of  expert  supervision  of 
road  building,  the  most  advanced  states  have  uniformly  pro- 
vided for  a  county,  district  or  local  official,  by  training  and  ex- 
perience qualified  to  direct  highway  improvement.  He  may 
be  variously  termed  county  engineer,  superintendent,  inspector 
or  commissioner  of  highways,  but  everywhere  he  must  possess 
qualifications  that  peculiarly  fit  him  for  the  duties  of  super- 
vising the  improvement  of  wagon  roads.  This  idea  is  not 
alone  confined  to  states  that  grant  financial  aid  to  the  localities. 
That  skilled  supervision  is  a  condition  precedent  to  the  high- 
est efficiency  has  been  recognized  in  many  of  the  non  state 


STATE  GOOD  ROADS  SYSTEMS 


aid   commonwealths   by  providing    for   the   election   or    appoint- 
ing of  county  engineers,  expert  in  the  arts  of  civil  engineering. 

LOCAL  BONDS. 

Under  the  present  law  it  seems  that  counties  in  this  state 
cannot  issue  bonds  for  highway  improvement,  except  for 
bridges.  This  is  contrary  to  what  appears  to  be  the  general 
practice.  The  majority  of  the  states  give  the  counties  or  the 
townships  the  power  to  issue  bonds,  under  proper  safeguards, 
for  highway  construction.  Where  state  aid  is  granted  funds 
thus  provided  very  conveniently  supplement  the  contribution 
from  the  state.  In  general,  it  may  be  said  that  the  raising  of 
money  for  permanent  road  improvement  by  the  ordinary  pro- 
cess of  taxation,  without  imposing  heavy  burdens  upon  the  tax- 
payer, is  so  slow  as  to  be  impractical.  A  perusal  of  the  sum- 
maries following  reveals  the  fact  that  no  state  has  accom- 
plished extensive  permanent  improvement  of  its  highways  that 
has  not  given  the  localities  the  power  to  issue  bonds  for  this 
purpose.  The  reasons  underlying  the  proposition  are  so  plainly 
elementary  as  to  require  no  further  elaboration. 

STATUTE  LABOR. 

Anotner  noticeable  aspect  of  this  movement  for  better  roads- 
is  the  gradual  disappearance  of  statute  labor.  The  states 
whose  progress  is  generally  conceded  to  be  the  most  pro- 
nounced, almost,  without  exception  provide  that  all  roa  1  taxes 
be  paid  in  money  without  the  privilege  of  commutation  in 
labor.  That  this  relic  of  the  past  is  difficult  to  sweep  away 
and  yet  is  regarded  a  lion  in  the  pathway  of  the  van  of  progress 
in  highway  improvement  is  somewhat  uniquely  recognized  by 
Pennsylvania.  This  state  offers  a  tempting  money  reward  to 
townships  that  abolish  statute  labor  on  their  roads. 

CONSTITUTIONAL    OBSTACLES. 

There  has  been  some  agitation  for  state  aid  in -highway  con- 
struction in  North  Dakota.  Section  185  of  the  constitution 
provides  that  the  state  shall  not  engage  in  any  work  of  in- 


10  DIGEST  OF  LEGISLATION 

ternal  improvement  unless  authorized  by  a  two-thirds  vote  of 
the  people.  Elsewhere,  notably  in  Michigan,  Minnesota  and 
Wisconsin,  it  has  been  held  necessary  to  amend  similar  consti- 
tutional provisions  before  the  state  could  appropriate  money 
in  aid  of  highway  improvements. 


STATE  GOOD  ROADS  SYSTEMS  11 


PART  I. 

GOOD  ROADS  STATES 


CALIFORNIA. 

The  State  Highway  Department.  Laws  of  1907,  chapter  185. 
The  department  of  engineering  consist  of  the  governor,  the 
state  engineer  as  chief  executive  officer  of  the  department,  the 
chief  superintendent  of  state  hospitals  and  the  chairman  of  the 
board  of  harbor  commissioners  of  San  Francisco. 

The  governor,  by  and  with  the  advice  and  consent  of  the 
senate,  appoints  the  state  engineer  for  a  term  of  four  years. 
He  has  charge  of  the  engineering  and  structural  work  of  the 
department.  His  annual  salary  is  four  thousand  eight  hundred 
dollars. 

Powers  and  duties.  The  department  of  engineering  has  full 
control  of  all  roads  that  have  been  declared  state  highways  and 
all  highway  expenditures  made  by  the  state  are  in  its  charge. 
It  may  obtain  rights  of  way  for  roads,  by  purchase  or  condem- 
nation, and  it  may  appoint  superintendents  of  state  highways. 
The  department  examines  existing  highway  conditions  and  puts 
at  the  service  of  the  state  the  most  approved  methods  of  high- 
way construction.  It  supplies,  without  charge,  information  to 
road  authorities  when  requested  to  do  so,  and  collects  data 
relating  to  the  location  of  suitable  road  material,  publishing  the 
same  in  the  forms  of  bulletins,  maps  or  diagrams.  It  prepares 
forms  of  account  books  for  highway  officials  and  general  forms 
for  the  surveying  of  state  highways.  To  aid  in  the  performance 
of  its  duties  the  department  may  call  upon  local  officials  for 
information. 

State  Aid.  California  makes  no  provision  for  state  aid,  but 
the  state  has  built  roads  through  the  mountainous  and  isolated 
or  sparsely  settled  districts  where  the  people  of  the  counties 
are  unable  to  meet  the  expenses  of  construction.  The  state  has 
built  almost  two  hundred  and  thirty-seven  miles  of  roads  in 


12  DIGEST  OF  LEGISLATICJN 

this  manner,  but  none  of  these  are  metalled  or  macadamized. 
The  legislature  of  1909  passed  an  act  placing  before  the  people 
at  the  general  election  in  1910  a  proposition  to  vote  bonds  for 
eighteen  milion  dollars  for  a  state  road  plan. 

Local  Supervision.  Laws  of  1907,  chapter  442.  The  control 
over  highways  is  vested  in  the  supervisors  of  the  county.  They 
may  form  road  districts  for  the  purpose  of  permanently  im- 
proving its  highways  and  may  issue  bonds  and  levy  special 
taxes  to  pay  the  expenses  of  such  work. 

Before  the  district  is  formed,  the  board  of  supervisors  pass 
a  resolution  of  intention  specifying  the  work  to  be  done  and 
giving  interested  parties  an  opportunity  to  be  heard  in  protest. 

The  supervisors  have  the  power  to  appoint  a  competent  per- 
son to  act  as  engineer  of  the  work  and  who  must  furnish  the 
civil  engineering  services  and  do  the  necessary  surveying.  The 
board  may  also  appoint  a  superintendent  of  the  work,  but  the 
same  person  may  hold  both  positions. 

Road  Revenues.  Statutes  1907,  p.  795.  A  special  tax  is  levied 
upon  all  lands  within  the  improvement  district  sufficient  to  pay 
the  principal  of  the  indebtedness  when  it  falls  due,  with  the 
interest  thereon. 

The  county  board  of  supervisors  must  transfer  to  each  im- 
provement district  from  the  general  road  funds  of  the  county 
an  amount  which,  in  the  judgment  of  the  board,  is  a  fair 
proportion  of  the  road  fund  of  the  supervisorial  district  in  which 
the  improvement  district  is  situated. 

County  bonds.  County  supervisors  may  form  road  improve- 
ment districts1  and  issue  bonds  for  the  construction  of  perma- 
ment  roads  therein,  unless  a  majority  of  the  property  owners 
residing  within  such  district  object.  The  bonds  must  be  paid 
within  twenty  years  and  the  rate  of  interest  on  the  same  must 
not  exceed  seven  per  cent. 

Taxes.  Code  1906,  section  2652.  Every  male  person  between 
the  ages  of  twenty-one  and  fifty  years  is  required  to  pay  an 
annual  road  poll  tax  of  three  dollars,  unless  exempt  by  law. 


improvement    districts    are    outside    of    incorporated    towns. 


STATE  GOOD  ROADS  SYSTEMS  13 

Section  2653.  The  county  board  of  supervisors  may  levy  a 
property  tax  for  highway  purpose  of  not  to  exceed  forty  cents 
upon  each  one  hundred  dollars  of  assessable  property  in  any 
one  year.1 

Statute  labor.    All  highway  taxes  are  paid  in  cash. 

COLORADO. 

The  State  Highway  Department.  Laws  of  1909,  chapter  57. 
The  state  highway  commission  consists  of  three  members  ap- 
pointed by  the  governor  for  a  term  of  six  years,  the  eastern, 
central  and  western  sections  of  the  state  each  having  a  repre- 
sentative on  the  commission.  The  chairman  receives  an  annual 
salary  of  one  thousand  two  hundred  dollars,  and  each  of  the 
other  two  six  hundred  dollars,  together,  with  their  necessary 
traveling  expenses  while  away  from  their  homes  and  perform- 
ing the  duties  of  their  office. 

The  commission  employs  a  secretary,  who  must  be  a  civil 
engineer,  at  an  annual  salary  of  two  thousand  five  hundred 
dollars.  The  attorney  general  is  ex-officio  attorney  for  the 
commission. 

Powers  and  duties.  The  commission  apportions  the  state  aid 
fund  among  the  counties  and  notifies  the  county  commissioner 
of  the  amounts  to  which  the  counties  are  entitled.  It  must 
prepare  a  map  showing  especially  the  location  of  all  proposed 
roads  that  will  receive  state  aid  as  well  as  that  of  all  public 
roads. 

The  commission  ascertains  the  location  of  road  material  avail- 
able throughout  the  state  and  prepares  rules  and  regulations 
for  the  construction,  improvement  and  maintenance  of  state 
roads.  While  the  boards  of  county  commissioners  make  the 
necessary  surveys,  plans,  specifications  and  estimates  of  cost  of 
work  upon  state  roads  within  the  county  in  accordance  with 
the  rules  and  regulations  of  the  commission,  the  commission 
may  make  changes  therein  and  may  order  other  plans,  specifica- 
tions, surveys  and  estimates  to  be  made  if  deemed  necessary. 

The  construction,  improvement  and  maintenance  of  state  roads 

xThe  county  road  taxes  are  apportioned  to  the  road  districts. 


14  DIGEST  OF  LEGISLATldN 

is  under  the  direction  of  the  local  boards  of  county  commission- 
ers, but  subject  to  the  supervision  of  the  state  highway  com- 
mission. All  contracts  for  work  upon  state  roads  are  let  by 
the  county  commissioners,  but  they  must  first  be  approved  by 
the  commission.  The  county  commissioners  are  required  to 
make  careful  annual  reports  to  the  highway  commission  show- 
ing all  items  expended  on  state  roads  under  this  act  and  all 
other  items  expended  by  the  county  for  other  roads  therein. 

State  Aid.  Laws  of  1909,  chapter  57.  The  county  commis- 
sioners of  each  county  prepare  a  map  showing  the  roads  by 
them  deemed  of  sufficient  importance  to  be  improved  under  this 
act.  A  copy  of  this  map  is  filed  with  the  state  highway  com- 
ission,  together  with  a  statement  as  to  the  location  of  suitable 
road  material  within  the  county.  A  duplicate  of  the  road  map 
is  also  filed  with  the  county  clerk. 

On  or  before  January  first,  nineteen  twelve,  the  highway 
commission  must  have  a  road  map  of  the  state  showing  all  open 
public  roads  in  each  county  and  in  color  all  roads  deemed  by 
the  commission  of  sufficient  public  importance  to  receive  aid 
hereunder.  The  commission  divides  such  roads  into  two 
classes,  primary  and  secondary,  those  of  the  former  being  im- 
proved first.  In  March  of  each  year  the  state  fund  is  appor- 
tioned among  the  counties ;  each  county  must  raise  double  the 
amount  apportioned  to  it  by  the  commission. 

Appropriation.  For  the  purpose  of  state  aid  in  the  con- 
struction and  improvement  of  highways,  the  sum  of  fifty  thou- 
sand dollars  is  appropriated. 

Local  Supervision.  The  board  of  county  commissioners  has 
control  of  the  roads  of  the  county.  It  may  divide  the  county 
into  suitable  road  districts  from  time  to  time.  The  amount  to 
be  expended  in  such  district  must  not  be  less  than  fifty  per 
cent,  of  the  taxes  collected  therein  for  road  purposes. 

The  board  appoints  annually  a  road  overseer  for  each  dis- 
trict, who  receives  three  dollars  per  day  for  his  services. 

Taxes.  The  board  may  levy  a  maximum  property  tax  of 
one  dollar  for  every  one  hundred  dollars  of  valuation  for  road 
purposes. 

Road  Revenues.     Code  1896,  section  3935.     County  tax.     The 


STATE  GOOD  ROADS  SYSTEMS  15 

board  of  county  commissioners  may  levy  a  property  tax  for 
road  purposes  not  exceeding  one  dollar  on  each  one  hundred 
dollars  of  assessed  valuation. 

County  bonds.  The  county  commissioners  may  create  an  in- 
debtedness for  the  building  of  roads  and  bridges  when  author- 
ized by  a  majority  of  the  voters  of  the  county. 

Debt  limit.  The  aggregate  amount  of  indebtedness  of  any 
county,  exclusive  of  debts  contracted  prior  to  1876,  is  limited 
as  follows: 

Counties  in  which  the  assessed  valuation  of  property  exceeds 
five  million  -dollars,  six  dollars  on  each  one  thousand  dollars 
thereof;  counties  in  which  the  assessed  valuation  of  property 
is  less  than  five  million  and  exceeds  one  million  dollars,  twelve 
dollars  on  each  one  thousand  dollars  thereof. 

Poll  tax.  Laws  1907,  chapter  215,  section  11.  Every  able- 
bodied  man  between  the  ages  of  twenty-one  and  fifty  years  is 
required  annually  to  pay  a  road  poll  tax  within  his  road  dis- 
trict of  three  dollars,  or  in  lieu  thereof  perform  two  days'  labor 
on  the  highways. 

State  labor.     All  property  taxes  are  paid  in  cash. 

Convict  Labor.  Laws  1907,  chapter  206.  The  state  prison 
authorities  are  authorized  to  work  the  convicts  on  state  roads. 

CONNECTICUT. 

The  State  Highway  Department.  Acts  of  1905,  chapter  232. 
The  governor  appoints  quadrennially  a  highway  commissioner, 
who  must  be  an  experienced  road  builder  and  who  receives  an 
annual  salary  of  five  thousand  dollars  and  his  actual  and  neces- 
sary traveling  expenses,  not  exceeding  one  thousand  five  hun- 
dred dollars  in  any  one  year.  (Amended  chapter  93,  Acts  of 
1909.) 

The  commissioner  must  appoint  one  deputy  highway  com- 
missioner and  eight  division  engineers  and  such  other  assistants 
as  may  be  necessary  to  make  surveys,  plans,  specifications  and 
maps.  Salaries  of  the  assistants  are  determined  by  the  com- 
missioner, but  may  not,  in  the  aggregate,  exceed  sixty-five 
thousand  .dollars  annually.  The  commissioner  divides  the  state 


16  DIGEST  OF  LEGISLATION 

into  eight  highway  districts  and  one  division  engineer  or  in- 
spector is  assigned  to  each  district. 

Powers  and  duties.  Whenever  a  town  has  declared  its  in- 
tention to  build  a  public  road  within  its  limits,  the  highway 
commissioner  designates  the  highway  to  be  so  constructed  or 
improved.  He  also  makes  surveys  and  prepares  plans,  specifi- 
cations and  estimates  of  cost.  If  the  cost  does  not  exceed  one 
thousand  dollars  he  may  permit  the  town  to  do  the  work  with- 
out competition.  He  may  reject  any  or  all  bids,  and  a  copy  of 
the  contract  to  do  the  work  is  filed  with  the  commissioner. 
(Chapter  264,  Acts  of  1907.) 

The  commissioner  keeps  in  repair  roads  built  by  state  aid,  but 
charges  one-fourth  of  the  cost  of  such  work  to  the  town.  If 
any  road  built  under  a  statute  enacted  prior  to  1907  has  not 
been  properly  repaired,  the  commissioner  may  enter  the  town, 
do  the  work  and  charge  the  cost  thereof  to  the  town.  (Chapter 
135,  Acts  of  1909.) 

State  Aid.  Acts  of  1905,  chapter  232.  Whenever  a  town  by 
its  vote  declares  its  intention  to  build  a  public  road,  the  high- 
way commissioner  designates  the  highway  to  be  constructed  or 
improved.  If  the  selectmen  refuse  to  carry  out  the  vote  of  the 
town,  the  state  highway  commissioner  performs  their  functions 
in  the  matter  of  carrying  out  the  town  vote  to  improve  a  high- 
way. 

Amount  granted.  The  amount  of  state  aid  granted  the  towns 
is  based  upon  the  local  grand  lists.  In  towns  having  a  grand 
list  of  over  one  million  two  hundred  and  fifty  thousand  dollars, 
the  state  pays  three-fourths,  and  in  towns  having  a  grand  list 
of  one  million  two  hundred  and  fifty  thousand  dollars  or  less, 
the  state  pays  seven-eighths  of  the  cost.  (Acts  of  1907,  chapter 
264.) 

Maintenance.  Highways  constructed  under  the  provisions  of 
this  chapter,  or  of  statutes  under  which  state  aid  is  granted,  are 
maintained  by  the  highway  commissioner.  The  commissioner 
files  with  the  town  within  which  the  road  lies  a  statement  of 
the  cost  of  repair  and  the  town  reimburses  the  ^state  one-fourth 
of  the  total  cost  thereof. 

Appropriation.     The  state  aid   fund  is  provided  bv  an  annual 


STATE  GOOD  ROADS  SYSTEMS  17 

appropriation  of  seven  hundred  and  fifty  thousand  dollars. 

Local  Supervision.  Ordinarily,  road  work  in  this  state  is 
done  by  the  counties. 

The  towns  at  their  annual  meetings  provide  for  the  repair  of 
their  highways,  or,  if  they  fail  to  do  so,  the  selectmen  do  the 
work. 

If  the  towns  neglect  to  repair  their  highways,  and  it  appears 
to  the  county  commissioners  after  hearing  that  the  repairs  are 
necessary,  the  latter  order  the  selectmen  to  do  the  work, 
and  if  they  neglect  or  refuse,  the  repairs  are  made  by  the 
county  commissioners  and  the  cost  of  the  work  collected  from 
the  town. 

Road  Revenues.  Code  1902,  section  1931.  Town  bonds. 
When  any  town  has  incurred  or  shall  incur  debts  exceeding 
ten  thousand  dollars,  it  may  issue  bonds.  The  rate  of  interest 
on  such  bonds  may  not  exceed  six  per  cent.  There  is  no  pro- 
vision stating  that  such  indebtedness  may  or  may  not  be  in- 
curred for  highway  purposes. 

Road  taxes.  Section  2025.  Any  town  may  include  in  its 
town  tax  for  town  purposes  a  sum  sufficient  to  build  and  repair 
highways. 

Statute  labor.     All  property  taxes  are  paid  in  cash. 

DELAWARE. 

The  State  Highway  Department.  Chapter  139,  Laws  of  1905. 
There  are  three  counties  in  Delaware,  and  the  governor,  under 
the  provisions  of  this  chapter,  .appoints  one  state  highway  com- 
missioner, subject  to  •confirmation  by  the  senate,  quadrennially, 
and  at  an  annual  salary  of  one  thousand  dollars,  for  New 
Castle  county. 

Powers  and  duties.  The  commissioner  reports  biennially  to 
the  legislature.  A  resolution  passed  by  the  Levy  Court  to  im- 
prove a  highway  must  be  approved  by  the  commissioner  before 
state  aid  money  is  paid.  The  commissioner  also  has  charge  of 
the  work  after  the  contract  has  been  awarded,  and  he  appoints 
a  supervisor  of  construction  at  three  dollars  per  day,  to  be  paid 
by  the  levy  court. 

The    commissioner    investigates    the    most    practical    methods 


18  DIGEST  OF  LEGISLATION 

of  maintaining  and  constructing  roads,  estimates  the  cost  there- 
of and  prepares  plans  and  specifications. 

He  certifies  to  the  state  treasurer  and  to  the  Levy  Court  of 
New  Castle  county  the  amounts  expended  under  this  act,  and 
he  draws  his  warrants  upon  the  state  treasurer  for  one-half 
of  the  cost  of  construction  thereof.  He  also  certifies  to  New 
Castle  county  its  share  of  such  cost. 

State  Aid.  A  resolution  to  improve  a  highway  is  passed  by 
the  levy  court,  but  it  must  be  approved  by  the  highway  com- 
missioner before  the,  state  aid  money  is  paid. 

Section  9.  The  highway  commissioner  takes  charge  of  the 
work  after  the  contract  has  been  awarded  and  filed  and  he  ap- 
points a  supervisor  of  construction,  who  receives  three  dollars 
per  day,  to  be  paid  by  the  levy  court. 

Section  11.  The  Levy  Court  ascertains  one-half  of  the  esti- 
mated cost  of  all  work  for  which  contracts  have  been  let  and 
includes  such  amount  in  the  annual  tax  levy  for  the  county. 
The  other  half  is  paid  by  the  state.  The  present  annual  appro- 
priation is  thirty  thousand  dollars. 

Maintenance.  Roads  constructed  under  this  act  are  forever 
county  roads  and  the  same  must  be  kept  in  repair  by  the  Levy 
Court  of  New  Castle  county. 

Local  Supervision.  The  Levy  Court  of  New  Castle  county 
appoints  a  county  engineer  at  a  salary  of  two  thousand  five 
hundred  dollars  per  annum.1  He  annually  directs  the  repairs  or 
improvements  upon  public  roads  in  the  county,  subject  to  the 
approval  of  the  Levy  Court.  The  chapter  also  provides  for  the 
appointment,  by  the  Levy  Court,  after  the  beginning  of  the 
year  1911,  of  a  road  supervisor  for  each  of  the  hundreds  of 
the  county.  He  has  charge  of  the  work  upon  roads  under  the 
direction  of  the  county  engineers. 

Road  Revenues.  Chapters  143  and  144,  Laws  of  1905,  pro- 
vide that  the  counties  of  Kent  and  Sussex  may  levy  a  special 
tax,  in  addition  to  the  regular  levy,  not  exceeding  a  certain 

1Laws  1906-7,  chapter  146,  section  3.  The  county  engineer  may  also 
hold  the  office  of  highway  commissioner,  but  if  one  person  fills  both  of 
said  offices  the  salary  paid  him  by  the  levy  court  shall  be  one  thousand 
five  hundred  dollars  per  annum. 


STATE  GOOD  ROADS  SYSTEMS  19 

sum  which,  together  with  a  like  sum  appropriated  by  the  state, 
must  be  devoted  to  the  improvement  of  public  roads. 

Statue  labor.  Laws  of  1906-7,  chapter  156,  section  13.  All 
road  taxes  kvied  in  New  Castle  county  must  be  paid  in  cash. 

IDAHO. 

The  State  Highway  Department.  Code  1907,  sections  1061 
and  1063.  The  governor,  state  engineer  and  state  mining  in- 
spector constitute  a  board  of  highway  commissioners.  The  gov- 
ernor is  the  ex-officio  chairman  of  the  commission,  and  the 
commission,  at  its  first  meeting,  elects  one  of  its  own  members 
as  secretary.  The  members  of  the  commission  serve  without 
compensation  as  such  members,  but  are  allowed  their  actual  and 
necessary  expenses  incurred  in  performing  their  official  duties 
as  such  commissioners. 

f  Powers  and  duties  of  commission.  Sections  1062,  1064,  1066- 
1068.  The  state  highway  commission  has  control  and  super- 
vision of  such  highways  as  have  been  constructed  in  whole  or 
in  part  at  the  expense  of  the  state.  The  commission  must  make 
an  itemized  report  and  statement  on  the  first  days  of  Jun<? 
and  January  of  each  year  to  the  state  auditor  of  all  their  dis- 
bursements, contracts  and  transactions. 

Whenever  any  road  subject  to  the  jurisdiction  of  the  com- 
mission is  reported  in  need  of  repair,  the  commission  must 
cause  the  same  to  be  inspected  by  some  competent  person. 
Upon  receipt  of  the  report  of  such  inspector  the  commission 
must  notify  the  county  commissioners  of  the  county  where  the 
repairs  are  needed.  The  county  commissioners  then  cause  the 
road  to  be  repaired  within  thirty  days.  If  the  county  commis- 
sioners fail  to  make  such  repairs,  the  state  highway  commission 
may  establish  such  road  as  a  toll  road,  said  road  to  be  let  out 
on  contract  for  a  period  not  exceeding  five  years. 

Local  Supervision.  Code  of  1907,  section  1917.  The  public 
roads  of  the  counties  are  under  the  control,  supervision  and 
management  of  the  county  commissioners  of  the  respective 
counties. 

Section  882.  The  board  of  county  commissioners  divide  the 
county  into  a  suitable  number  of  road  districts  and  must  cause 


20  DIGEST  OF  LEGISLATION 


to  be  laid  out,  constructed  and  maintained  such  roads  as  are 
necessary  for  public  convenience. 

When  the  amount  of  work  to  be  done  on  any  public  road  or 
bridge  exceeds  one  hundred  dollars,  the  work  is  let  out  on 
contract.  At  least  twenty-five  per  cent,  of  the  fund  collected  in 
any  road  district  must  be  expended  within  that  district. 

Road  overseers  are  elected  by  the  electors  of  each  road  dis- 
trict. Road  overseers  are  under  the  direction  and  supervision 
of  the  county  commissioners. 

Good  Roads  Districts.  Sections  1094-52.  Any  portion  of  a 
county  containing  twenty-five  or  more  resident  taxpayers  may 
be  organized  into  a  special  road  district.  Upon  receiving  a 
petition  for  such  organization,  and  after  finding  said  proposed 
good  roads  district  conducive  to  the  public  welfare,  the  county 
commissioners  call  a  district  election,  and  if  a  majority  of  the 
legal  voters  of  such  a  district  vote  for  such  an  organization, 
said  good  roads  district  is  erected. 

Good  roads  commissioners.  Section  1052.  Three  resident 
good  roads  commissioners  are  elected  at  said  special  election. 
They  receive  two  dollars  and  fifty  cents  per  day.  They  super- 
vise the  road  work  within  their  district. 

Road  Revenues.  Code  1907,  section  900.  The  annual  property 
tax  for  road  purposes  is  levied  by  the  county  commissioners  and 
must  not  be  less  than  ten  nor  more  than  sixty  cents  on  each 
one  hundred  dollars  of  taxable  property. 

Section  901.  The  county  commissioners  may  levy  a  special 
road  tax,  not  exceeding  ten  mills  on  the  dollar,  on  all  taxable 
property  for  road  purposes.  Said  road  tax  may  be  payable 
either  in  money  or  in  labor.1 

District  bonds.  ''  Section  1054.  With  the  consent  of  two- 
thirds  of  the  qualified  electors  of  their  respective  districts,  the 
board  of  good  roads  commissioners  have  authority  to  issue 
bonds,  not  exceeding  twenty-five  per  cent,  of  the  assessed  value 
of  the  real  property  within  their  district. 

Statute  labor.     Section  894.     Every  male  inhabitant  of  a  road 

iThe  nature  of  the  road  district  determines  whether  tax  may  be  paid 
in  labor  or  cash.  Property  in  cities  and  municipalities  is  not  subject 
to  special  tax. 


STATE  GOOD  ROADS  SYSTEMS  21 


district  between  the  ages  of  twenty-one  and  fifty  must  perform 
two  days'  labor  annually  on  the  road.  This  tax  may  be  com- 
muted by  the  payment  of  four  dollars  or  such  smaller  amounts 
as  the  county  commissioners  may  determine. 

In  contract  road  districts  all  road  taxes  must  be  paid  in  cash. 

Convict  Labor.  The  county  commissioners  may  require  per- 
sons confined  in  the  county  jail  under  judgment  rendered  in  a 
criminal  action  or  proceeding  to  perform  labor  on  the  public 
works  or  ways  in  the  county. 

ILLINOIS. 

The  State  Highway  Department.  Laws  of  1905.  The  gov- 
ernor appoints,  with  the  advice  and  consent  of  the  senate,  three 
persons,  who  constitute  the  state  highway  commission.  Two 
members  must  belong  to  the  political  party  casting  the  highest 
number  of  votes  at  last  preceding  election  and  one  to  the  party 
next  highest  number.  Each  member  holds  office  for  two  years 
and  receives  no  compensation,  except  for  actual  and  necessary 
expenses  connected  with  his  office.  The  governor  designates 
the  chairman  of  the  commission. 

The  commission  appoints  a  state  engineer,  who  receives  an 
annual  salary  of  one  thousand  eight  hundred  dollars.  The  com- 
mission may  employ  other  necessary  assistants. 

Powers  and  duties.  The  commission  investigates  and  carries 
on  experimental  work  in  road  building,  inquires  into  different 
methods  of  construction,  kinds  of  material,  systems  of  drainage 
and  other  methods  of  construction  as  are  best  adapted  to  the 
various  sections  and  soils  of  the  state.  The  commission  esti- 
mates the  cost  of  the  same  and  recommends  standards  of  con- 
struction. 

The  commission  prepares  blanks  for  reports  which  commis- 
sioners of  highways  throughout  the  counties  of  the  state  are  re- 
quired to  make  to  it  concerning  their  work. 

State  Aid.  The  aid  in  road  construction  given  by  the  state 
of  Illinois  is  in  the  form  of  stone  crushed  at  the  penitentiaries 
and  reformatory  institutions,  and  road  machinery.  The  com- 
missioners of  highways  in  townships  may  apply  to  the  state 
highway  commission  for  this  aid.  The  local  authorities  must 


22  DIGEST  OF  LEGISLATION 


pledge  themselves  to  use  the  material  and  the  machinery  in 
accordance  with  the  rules  formulated  by  the  highway  commis- 
sion. The  road  material  is  furnished  free,  except  for  the  cost 
of  transportation.  The  railroads  of  the  state  have  given  re- 
duced rates  on  crushed  rock,  and  in  many  cases  have  accepted 
the  same  in  payment  of  the  transportation  charges. 

Appropriation.  Twenty-five  thousand  dollars  is  annually  ap- 
propriated to  carry  out  the  purposes  of  this  act. 

Local  Supervision.  In  counties  under  township  organization 
there  is  annually  elected  by  the  town  meeting  one  commissioner 
of  highways  for  the  township,  who  holds  office  for  three  years. 
These  commissioners  have  charge  of  the  roads  and  bridges  of 
their  respective  towns  and  keep  the  same  in  repair  and  improve 
them  so  far  as  practicable. 

In  counties  not  under  township  organization  the  county  board 
divides  the  county  into  road  districts  and  in  each  district  three 
commissioners  of  highways  are  elected.  They  have  charge  of 
the  road  work  of  the  district,  but  they  may  appoint  a  general 
superintendent  to  work  and  to  execute  their  orders.  There  are 
no  boards  of  county  commissioners  in  counties  -under  township 
organization. 

Annotated  Statutes  1896.  Counties  under  township  organiza- 
tion have  two  systems  for  maintaining  and  building  roads — 
the  cash  system  and  labor  system. 

Road  Revenues.  Chapter  121.  Par.  13.  Cash  system.  In 
townships  under  the  cash  system  the  commissioners  of  high- 
ways levy  a  tax  annually  for  highway  purposes  of  not  to  exceed 
sixty  cents  on  each  one  hundred  dollars  worth  of  taxable  prop- 
erty. 

Chapter  121.  Par.  83.  Labor  system.  In  townships  under  the 
labor  system  a  tax  of  not  to  exceed  forty  cents  on  each  one 
hundred  dollars  worth  of  taxable  property  may  be  levied  for 
making  and  repairing  roads.  The  tax  on  property  lying  within 
an  incorporated  city  or  village  is  turned  over  to  the  treasurer 
of  such  city  or  village  to  be  expended  on  its  roads  or  streets 
and  bridges. 

Township  bonds.  Any  township  that  has  voted  a  special  tax 
in 'the  manner  provided  by  law  may  vote  upon  the  question  of 


STATE  GOOD  ROADS  SYSTEMS  23 

borrowing  money  by  issuing  bonds,  such  bonded  indebtedness 
not  to  exceed  the  amount  of  thirty-five  thousand  dollars,  the 
funds  to  be  used  for  the  construction  of  hard  roads. 

Par.  85.  Jones  and  Addington's  Supplement  1902.  County 
road  tax.  The  county  board  in  counties  not  under  township 
organization  annually  levy  a  road  tax  not  exceeding  fifty  cents 
on  each  one  hundred  dollars  worth  of  taxable  property  for  road 
and  bridge  purposes. 

Statute  labor.  About  one-half  of  the  townships  of  Illinois 
are  still  working  under  the  labor  system  and  permit  the  working 
out  of  the  road  taxes,  wholly  or  in  part. 

Convict  Labor.  Acts  of  1905,  p.  344.  The  board  of  Prison 
Industries  of  the  state  is  authorized  and  it  is  its  duty  upon* 
requisition  of  the  state  highway  commission  to  employ  convicts 
and  prisoners  in  the  penal  or  reformatory  institutions  of  the 
state  in  the  manufacture  of  tile  and  culvert  suitable  for  draining 
the  wagon  roads  of  the  state  and  in  the  preparation  of  road 
building  and  ballasting  material,  and  in  the  manufacture  of  road 
machinery,  tools  and  necessary  appliances  for  the  building  and 
repairing  of  wagon  roads. 

MAINE. 

The  State  Highway  Department.  Chapter  112.  Laws  of  1907 
as  amended  by  chapter  69,  Laws  of  1909.  The  governor  ap- 
points, with  the  advice  and  consent  of  the  council,  one  commis- 
sioner of  highways,  who  must  be  a  civil  engineer.  He  holds 
office  for  four  years  and  receives  an  annual  salary  of  two  thou- 
sand five  hundred  dollars. 

The  commissioner  may,  if  necessary,  appoint  one  assistant 
commissioner  of  highways  at  a  salary  of  one  thousand  five  hun- 
dred dollars  per  year.  The  appointment  must  be  approved  by 
the  governor  and  council. 

Powers  and  duties.  No  work  on  any  state  road  is  commenced 
until  the  state  commissioner  has  approved  the  same  and  issues 
the  specifications  by  which  the  work  is  to  be  done,  and  no  state 
aid  is  paid  until  the  work  undertaken  has  been  performed  to 
his  satisfaction.  All  bids  for  work  are  referred  to  the  highway 


24 


DIGEST  OF  LEGISLATION 


commissioner  for  his  approval.  The  commissioner  may,  if  ne- 
cessary, appoint  inspectors  to  supervise  the  construction  of  all 
roads  built  by  contract. 

Wthen  a  road  is  reported  as  completed,  the  commissioner  in- 
spects it  and  then  notifies  the  auditor  as  to  the  amount  of  state 
aid  due  thereon.  The  commissioner  determines  the  location  of 
highways  built  by  state  funds,  after  all  state  aid  has  been  paid 
as  applied  for,  but  his  decision  is  subject  to  the  approval  of  the 
governor  and  council. 

The  highway  commissioner  compiles  statistics  relating  to  pub- 
lic highways  and  by  means  of  maps,  lectures,  prints  and  bulletins 
disseminates  information  relating  to  the  most  approved  methods 
of  road  building.  He  annually  conducts,  under  the  auspices  of 
the  county  commissioners,  meetings  in  each  county  to  discuss 
the  problem  of  road  building. 

The  county  commissioners  designate  the  state  roads,  but  if 
a  petition  addressed  to  the  highway  commissioner  and  signed 
by  a  majority  of  the  legal  voters  of. the  town  or  municipality, 
sets  forth  that  the  highway  chosen  is  not  the  main  traveled 
highway,  the  commissioner  fixes  a  day  for  a  hearing  and  deter- 
mination of  the  question. 

State  Aid.  Laws  of  1907,  chapter  112.  The  question  of  adopt- 
ing the  provisions  of  law  relating  to  state  aid  is  voted  upon  at 
the  annual  town  meeting.  If  an  incorporated  town  desires  state 
aid,  it  must  appropriate  the  following  sums  and  in  the  following 
proportions  to  their  assessed  valuations,  in  addition  to  the 
amounts  regularly  raised  and  appropriated  for  highway  pur- 
poses : 


Assessed 
Valuation 

Appropriation 
Required 

State 
aid  per  one 
dollar  locally 

Assessed  valuation 
as  basis  for  state 
aid 

appropriated 

Up  to  $     200,000 

Not  over  $200 

$2.00 

$   200.000 

Up  to        800,000 
Up  to     1,000,000 

Not  over    400 
Not  over    450 

1.00 

1,000,000 

Up  to     3,000.000 

$50  for  each  additional 
$200.000 

.92 

1,200.000 

Up  to     4,000.000 

$1,000 

.85 

1,400.000 

Over      4,000,000 

Additional$100foreach 

additional    $1,000,000 

of  valuation. 

.«0 

1.600,000 

.75 

1.600.000  and  over 

STATE  GOOD  ROADS  SYSTEMS 


Unincorporated  towns  that  have  appropriated  the  sums  as 
above  provided,  received  one  dollar  for  each  dollar  so  appro- 
priated. 

In  incorporated  towns  in  which  there  are  highways  the  com- 
missioners of  the  county  may  appropriate  fifty  dollars  on  each 
one  thousand  dollars  of  valuation,  if  state  aid  is  desired.  (Laws 
of  1909,  chapter  69,) 

If  the  proper  authorities  of  the  town  or  organized  plantation 
set  apart,  in  addition  to  the  amounts  required  to  be  set  apart 
according  to  the  foregoing  table,  a  sum  equal  to  fifty  per  cent. 
of  such  required  amount  for  road  construction,  then  such  local- 
ity receives  aid  from  the  state  as  follows  : 


Assessed  Valuation 

State  aid  per  $1.00  set 
apart  as  above  provided 

$100.000 
250.000 
500.000 
1.000.000 
Over  1.000.000 

$2.00 
1.50 
1.25 
1.00 
/J5 

State  Tax.  A  state  tax  of  one-third  of  one  mill  is  levied  orf 
all  property  in  the  state.  The  annual  receipts  from  this  tax  in- 
round  numbers  amount  to  one  hundred  and  thirty-one  thousand- 
six  hundred  dollars. 

Maintenance.  The  county  commissioner  of  each  county  des- 
ignates what  roads  shall  be  state  roads,  and  all  highways  im- 
proved by  the  expenditure  of  the  joint  fund  are  maintained  by 
the  city  or  town  through  which  they  run  in  the  same  manner  as 
other  highways  and  to  the  satisfaction  of  the  state  highway 
commissioner. 

Local  Supervision.  The  county  commissioners  may  repair 
highways  at  the  expense  of  the  town  if  the  latter  refuse  or  neg- 
lect to  do  so.  The  county  commissioners  have  general  control 
over  the  highways  of  the  county. 

The  town  at  its  annual  meeting  elects  one  and  not  more  than 
three   road   commissioners,   to   hold   office   for  one  year.     If  the ' 
town  fails  to  elect  a  commissioner  or  commissioners,  the  duties 
imposed  upon  him  by  law  are  performed  by  the  selectmen. 


26  DIGEST  OF  LEGISLATION 


The  commissioners  go  over  the  roads  of  their  town  at 
stated  intervals  and  see  that  the  same  are  in  good  and  passable 
condition.  They  may  do  this  in  person  or  by  agent.  They  have 
charge  of  the  repair  of  roads  within  the  town,  subject,  however, 
to  the  control  of  the  selectmen.  They  must  keep  accurate  ac- 
counts of  all  expenditures  by  them  made  in  the  line  of  their 
duty. 

Road  Revenues.  Code  1903,  chapter  20,  section  70.  Funds 
necessary  for  building  and  repairing  roads  and  bridges  are 
raised  annually  at  the  town  meeting  by  the  voters  of  the  towns. 

Statute   labor.     All  property  taxes   are  paid   in   cash. 

Convict  Labor.  County  convicts  may  be  used  to  break  stone 
for  the  repairing  of  public  highways. 

MARYLAND. 

The  State  Highway  Department.  Chapter  141,  Laws  of  1908. 
The  governor  appoints  three  competent  persons,  residents  of  the 
.•ritcite,  and  two  men  -from  the  state  geological  and  economic  sur- 
vey, who,  with  the  governor,  constitute  the  state  road  commis- 
sion, which  continues  in  office  until  its  work  is  completed.  The 
igDvernor  and  the  two  men  from  the  geological  survey  receive 
no  salary  as  members.  The  other  members  receive  an  annual 
salary  of  two  thousand  dollars,  except  the  chairman,  who  re- 
ceives two  thousand  five  hundred  per  annum.  The  commis- 
sion may  employ  a  chief  engineer  and  assistant  engineers  if 
necessary. 

Powers  and  duties.  The  commission  must  improve  and  main- 
tain a  general  system  of  state  roads.  This  system  or  plan  must 
be  determined  upon  before  May  first,  1909,  and  a  map  of  the 
state  showing  the  same  filed  with  the  county  commissioners  of 
-every  county  in  the  state.  This  system  of  roads  must  be  com- 
pleted within  seven  years  from  the  first  of  July,  1908,  and  the 
aggregate  expenditure  therefor  must  not  exceed  five  million 
dollars. 

The  commission  may  take  possession  of  any  county  road  or 
abandoned  turnpike.  Before  a  highway  is  constructed  or  im- 
proved, the  commission  must  furnish  the  plans  and  specifications 


STATE  GOOD  ROADS  SYSTEMS  27 

thereof  to  the  county  commissioners.  The  commission  lets  the 
contracts  and  the  work  of  construction  is  at  all  times  under  its 
supervision.  The  commission  must  keep  all  state  highways  in 
good  condition. 

State  Aid.  Laws  of  1904,  chapter  225.  Whenever  the  owners 
of  two-thirds  of  the  lands  bounding  upon  any  public  road  or 
section  of  road,  not  less  than  one  mile  long,  petition  the  county 
commissioners  to  have  such  road  constructed  under  the  pro- 
visions of  this  act,  the  board  makes  such  request  to  the  state 
commission  upon  the  payment,  or  the  securing  of  'payment,  by 
said  petitioners  o<f  ten  per  cent.  o.f  the  cost  of  such  work  as 
estimated  by  the  engineer  of  the  commission. 

State  Bonds.  Bonds  of  the  state  in  the  sum  of  five  million 
dollars  have  been  issued  under  the  provisions  of  chapter  141, 
Laws  of  1908,  and  no  more  than  one  million  dollars  of  this 
amount  may  be  expended  in  any  one  year. 

Amount.  Not  more  than  fifty  per  cent,  of  the  cost  of  build- 
ing the  highway  is  paid  out  of  the  state  treasury.  The  amount, 
received  by  each  county  is  based  upon  the  proportion  its  mile- 
age of  roads  bears  to  the  total  mileage  of  the  state. 

Maintenance.  The  commission  must  keep  all,  state  highways; 
reasonably  clear  of  brush  and  impediments  and  keep  the  samer 
in  good  condition. 

Local  Supervision.  General  supervision  of  the  county  high- 
ways is  vested  in  the  county  commissioners. 

Road  Revenues.  The  commissioners  of  each  county  are  auth- 
orized to  levy  taxes  for  all  purposes.  Some  counties  levy 
special  taxes  for  road  purposes,  others  appropriate  money  out 
of  the  general  fund  for  the  building  of  roads. 

Statute  labor.    All  property  taxes  are  paid  in  cash. 

Convict  Labor.  Laws  of  1908.  The  county  commissioners 
may  authorize  the  working  of  county  prisoners  on  the  high- 
ways. 

MASSACHUSETTS. 

The  State  Highway  Department.  Chapter  47,  R.  L.  1902.  The 
state  highway  commission  consists  of  three  members  appointed 
by  the  governor  for  a  term'  of  three  years,  each  receiving  an 


28  DIGEST  OF  LEGISLATION 

annual  salary  of  two  thousand  five  hundred  dollars,  except  the 
chairman,  who  receives  three  thousand  five  hundred  dollars 
per  annum.  Each  member  devotes  his  entire  time  to  the  duties 
of  his  office  and  is  allowed  his  actual  and  necessary  traveling 
expenses.  The  commission  may  appoint  engineers  and  clerks. 

Powers  and  duties.  The  commission  prepares  maps  showing 
the  location  of  all  public  ways  and  highways  and  the  places 
where  road  materials  may  be  found.  It  holds  at  least  one  public 
meeting  in  each  county  annually  for  the  discussion  of  the  prob- 
lem of  good  roads. 

The  commission  has  full  control  over  state  highways  and 
prepares  plans  and  specifications  for  the  construction  of  the 
same.  It  may  accept  or  reject  bids  for  the  construction  or  im- 
provement of  state  highways. 

State  Aid.  Acts  of  1909,  chapter  464.  If  the  authorities  in 
a  county,  city  or  town  decide  that  good  policy  demands  that  the 
state  lay  out  or  take  charge  of  a  new  or  an  existing  highway 
within  their  jurisdiction,  they  apply  to  the  commission  accord- 
ingly. If  the  commission  grants  the  application,  it  prepares  a 
•rpiian  of  the  .proposed  way  and  files  a  copy  thereof  with  the  local 
-a-nftlhorities. 

Appropriation.  The  state  highway  commission  is  authorized 
to  expend  during  the  years  1908,  1909,  1910,  1911  and  1912  the 
sum  of  two  million  five  hundred  thousand  dollars  for  the  con- 
struction of  state  highways,  but  no  more  than  five  hundred 
thousand  dollars  may  be  expended  in  any  one  year.  (Acts  of 
1907,  No.  446.) 

Amount.  One-fourth  of  any  money  expended  by  the  state  for 
the  construction  of  state  roads  in  any  county  must  be  returned 
to  the  state  treasury  with  interest  at  the  rate  of  three  per  cent, 
within  six  years  and  in  such  installments  as  the  commission, 
with  the  approval  of  the  auditor  of  account,  may  determine. 
Money  so  returned  is  applied  to  the  appropriation  to  be  ex- 
pended by  the  commission.  (R.  L.  1902,  chapter  47.) 

Maintenance.  The  commission  exercises  permanent  control 
over  such  highways  and  keeps  them  clear  of  brush.  It  contracts 
with  the  city  or  town  within  which  the  highway  lies  or  with  a 
private  person  for  the  maintenance  and  repair  of  state  roads 


STATE  GOOD  ROADS  SYSTEMS  29 

The  expense  is  borne  partly  by  the  municipality.  An  amount 
not  exceeding  fifty  dollars  per  mile  is  assessed  upon  the  town 
or  city  within  which  the  road  lies  to  be  applied  to  the  cost  of 
maintaining  and  repairing  the  same. 

Local  Supervision.  The  county  commissioners  have  general 
authority  over  the  highways  in  their  respective  counties.  They 
determine  the  necessity  of  laying  out  new  ways  or  of  relocating 
and  repairing  existing  ones. 

The  selectmen  of  the  town  exercise  original  and  concurrent 
jurisdiction  with  the  county  commissioners  over  highways  with- 
in their  towns.  Appeals  may  be  taken  to  the  county  commis- 
sioners from  the  decision  of  the  selectmen  in  road  matters. 
Each  town  may  annually  elect  a  road  commissioner  to  perform 
certain  duties  imposed  upon  him  and  he  has  the  power  of  the 
selectmen  over  town  ways  and  highways.  Or  a  town  may  also 
elect  a  surveyor  of  highways,  who  shall  have  exclusive  control 
of  the  ordinary  repair  of  highways,  town  ways,  streets,  and 
bridges  therein  without  being  subject  to  the  authority  of  the 
selectmen. 

Road  Revenues.  Laws  1902,  chapter  25,  section  15.  Funds 
for  laying  out,  discontinuing,  making,  altering  and  repairing 
highways1  and  town  ways  are  appropriated  at  the  town  meeting. 

Chapter  12.  The  counties  assess  on  the  towns  the  amount 
necessary  to  meet  the  state  appropriation  for  highways  and  other 
purposes. 

Statute  labor.     There  is  no  statute  labor  in  this  state. 

Convict  Labor.  Revised  Laws,  chapter  225,  section  59.  The 
prison  commissioners  may  employ  the  prisoners  in  any  jail  or 
house  of  correction,  within  the  precinct  of  the  prison,  in  prepar- 
ing road  material,  but  no  machinery  except  such  as  is  operated 
by  hand  or  foot  power  shall  be  used  in  connection  with  such 
employment. 

Section  61.  Material  so  prepared  may  be  sold  to  the  county 
commissioners  or  to  city  and  town  officers  who  have  care  of 
public  roads.  All  material  not  so  sold  is  purchased  by  the  state 
highway  commission  at  a  fair  and  reasonable  price  for  use  on 
state  highways.  The  prison  commissioners  may  employ  pris- 


word  "highway"  includes  county  roads. 


30  DIGEST  OF  LEGISLATIO 


i. 


oners  upon  material  furnished  by  the  state  highway  commis- 
sion, and  the  latter  then  pays  for  the  labor  at  such  price  as  may 
be  agreed  upon  by  the  prison  commissioners  and  the  state  high- 
way commission. 

MICHIGAN. 

The  State  High-way  Department.  Chapter  5,  Act  No.  283. 
Laws  of  1909.  The  chief  officer  of  the  highway  department  is 
the  state  highway  commissioner,  nominated  and  elected  by  the 
people,  for  a  term  of  four  years,  in  the  same  manner  as  justices 
of  the  supreme  court.  He  receives  an  annual  salary  of  two 
thousand  five  hundred  dollars.  He  may  appoint  a  competent 
civil  engineer  at  a  salary  o<f  one  thousand  eight  hundred  dollars 
per  annum. 

Powers  and  duties.  The  commissioner  may  require  local  high- 
way authorities  to  report  such  facts  and  information  as  he  may 
call  for  on  forms  prescribed  by  him.  He  must  furnish  plans 
and  specifications  for  state  aid  roads  and  prepare  maps  showing 
the  location  of  road  material  and  highways  in  the  state.  He  in- 
spects road  work  and  ascertains  whether  or  not  it  is  up  to  stan- 
dard. He  holds  road  institutes  in  the  counties,  which  the 
county  and  township  highway  commissioners  attend,  at  such 
times  and  places  as  the  state  highway  commissioner  determines. 
He  gives  expert  advice  generally  and  sends  experts  to  the  local- 
ities when  the  magnitude  of  the  work  justifies  it.  He  may  with- 
hold the  state  reward  if  roads  are  not  kept  in  proper  repair. 

State  Aid.  If  a  county  under  the  county  road  system  through 
its  county  commissioners,  or  a  township  through  its  board  of 
supervisors,  or  counties  or  townships  respectively  acting  con- 
jointly on  boundary  line  roads,  notifies  the  state  highway  depart- 
ment that  arrangements  have  been  made  to  improve  a  mile  or 
more  of  public  wagon  roads,  asks  for  an  allottment  of  the  state 
reward  and  files  with  the  department  a  profile  of  the  road,  pre- 
pared by  a  competent  surveyor,  and  applied  for  plans  and  speci- 
fications, the  state  commissioner  furnishes  the  plans  and  speci- 
fications, and  allots  the  proper  share  of  the  state  reward,  if  the 
same  has  not  been  exhausted. .  The  allottment  is  paid  as  soon 
as  the  commissioner  'has  inspected  the  roads  and  ascertained 
that  they  are  up  to  standard. 


STATE  GOOD  ROADS  SYSTEMS  31 

Appropriation.  The  sum  of  one  hundred  fifty  thousand  dol- 
lars was  appropriated  for  each  fiscal  year  ending  June  30,  1910, 
and  June  30,  1911.  Ten  thousand  of  this  amount  is  applied  to 
defray  the  expenses  of  the  state  highway  department  and  the 
remainder  constitutes  the  state  reward  fund. 

Amount.  The  state  reward  is  paid  as  follows:  For  clay 
gravel,  two  hundred  and  fifty  dollars;  for  gravel,  five  hundred 
dollars;  for  stone  gravel  or  gravel  stone,  seven  hundred  and 
fifty  dollars;  and  for  stone  roads,  one  thousand  dollars  per 
mile. 

No  township  may  receive  state  reward  in  any  one  year  for 
the  construction  of  more  than  two  miles  of  road.  If  more  is 
built,  it  will  be  paid  for  the  following  year,  provided,  sufficient 
money  has  been  appropriated  for  this  purpose. 

Maintenance.  Section  12.  The  state  highway  commissioner 
may  refuse  to  grant  any  further  road  reward  to  any  township 
or  county  that  does  not  keep  state  rewarded  roads  in  proper 
repair,  and  he  must  inform  township  officials  accordingly. 

Local  Supervision.  County  Road  System.  On  the  initiative 
of  the  people,  the  township  or  the  supervisors  of  the  county, 
the  matter  of  adopting  the  system  is  voted  upon. 

If  adopted,  not  more  than  three  county  road  commissioners 
are  elected  in  the  county,  the  number  to  be  fixed  by  the  board. 
In  the  first  instance,  they  may  be  appointed  by  the  board  of 
supervisors. 

The  county  road  commissioners  may  at  any  time  declare  a 
road  a  county  road,  and  parts  of  streets  may,  with  the  consent 
of  the  local  highway  authorities,  also  be  declared  county  roads. 
Any  road  embraced  within  such  determination  comes  within  the 
exclusive  jurisdiction  of  the  county  road  commissioners  and  the 
township  or  municipality  within  which  the  same  is  situated  is 
relieved  of  all  responsibility  therefor.  The  board  may  abandon 
or  discontinue  any  such  road  at  any  time  by  majority  vote, 
whereupon  jurisdiction  over  it  reverts  to  the  former  authority. 

The  county  road  commissioners  have  power  to  macadamize, 
drain  or  improve  in  any  manner  any  road  under  their  control. 

Before  the  first  day  of  October  of  each  year  the  board  fixes 
the  amount  of  tax  to  be  levied  for  the  purposes  mentioned  in 


32  DIGEST  OF  LEGISLATION 


the  preceding  paragraph.  The  board  must  state  the  amount 
asked  for  each  road.  This  tax  may  not  exceed  two  mills  on 
each  dollar  of  assessed  valuation,  except  in  certain  counties. 
This  statement  is  then  referred  to  the  county  board  of  super- 
visors for  their  approval  or  rejection.  This  board  may  disap- 
prove the  expenditure  planned  by  the  board  of  road  supervisors 
for  any  or  all  roads,  and  the  latter  may  not  expend  anything  on 
roads  or  sections  not  so  approved  by  the  board  of  supervisors. 
When  the  board  of  supervisors  has  determined  the  amount  of 
taxes  to  be  levied  for  the  above  named  purposes,  the  same  are 
apportioned  among  the  townships  and  cities  according  to  the 
assessed  valuations  of  their  property. 

It  is  the  duty  of  the  county  to  keep  in  repair  all  county 
roads,  and  they  must  respond  in  damages  for  injuries  result- 
ing from  failure  to  keep  such  roads  in  a  reasonably  safe  con- 
dition. 

County  Reivard.  Any  township,  in  counties  under  the  county 
road  system,  in  which  a  county  road  has  not  been  built  within 
a  year,  and  which  raises  sufficient  funds  to  build  a  mile  in  a 
year  and  builds  such  mile  and  receives  state  reward  thereon, 
is  entitled  to  receive  an  equal  amount  from  the  county.  But 
if  the  township  has  paid  into  the  county  road  fund  a  less 
amount  than  it  received  from  the  state,  it  receives  an  amount 
equal  to  the  sum  it  has  paid  in  for  that  year. 

Laws  of  1907.  P.  A.  268.  Any  two  or  more  organized 
townships  or  any  one  or  more  townships  and  one  or  more  con- 
tiguous villages  or  cities  may  form  a  good  roads  district  if  the 
board  of  supervisors  of  the  county  is  petitioned  by  at  least 
ten  freeholders  from  such  district.  The  question  is  then  sub- 
mitted to  a  vote  of  the  electors  of  the  townships  and  cities 
or  villages  petitioning  and  if  the  proposition  is  carried  the  dis- 
trict so  organized  proceeds  under  the  county  road  law  so  far 
as  the  same  is  applicable. 

A  supervisor  of  roads  is  elected  for  each  township  and 
an  overseer  for  each  road  district  within  the  township.  The 
township  supervisor  must  report  annually  to  the  township 
board. 

Road    Revenues.     Counties    which    have    adopted    the     county 


STATE  GOOD  ROADS  SYSTEMS  33 


road  system,  may  levy  taxes  for  highway  purposes.  In  counties 
where  the  assessed  valuation  does  not  exceed  twenty  millions 
of  dollars  the  tax  is  limited  to  three  dollars  on  each  one 
thousand  dollars  thereof;  over  twenty  millions  but  less  than 
fifty  millions,  the  limit  is  two  dollars  on  each  one  thousand 
dollars;  more  than  fifty  millions  but  less  than  one  hundred 
millions,  one  dollar  on  each  one  thousand  dollars;  and  where 
the  assessed  valuation  is  over  one  hundred  millions,  the  tax 
is  limited  to  fifty  cents  on  each  one  thousand  dollars  of  as- 
sessed valuation. 

Township  road  taxes.  The  highways  in  every  organized 
township  in  the  state  are  laid  out,  improved  and  maintained 
by  two  money  taxes.  One  tax  is  known  as  the  road  repair  tax, 
and  is  assessed  on  all  property  in  the  township  outside  of 
incorporated  villages.  This  tax  is  limited  to  fifty  cents  on 
e*ach  one  hundred  dollars  of  taxable  valuation,  except  in  town- 
ships with  an  assessed  valuation  of  less  than  two  hundred 
thousand  dollars,  where  the  tax  is  limited  to  one  dollar  on 
each  one  hundred  dollars  valuation. 

The  other  tax  is  known  as  the  highway  improvement  tax: 
and  is  assessed  on  all  taxable  property  in  the  township.  This 
tax  may  not  exceed  fifty  cents  on  each  one  hundred  dollars 
valuation,  except  in  townships  with  an  assessed  valuation  of 
less  than  two  hundred  thousand  dollars,  where  the  tax  must 
not  exceed  one  dollar  on  each  one  hundred  dollars  valuation.. 

County  bonds.  Laws  of  1907.  No.  168.  Counties  that  have- 
adopted  the  county  road  system  may  issue  bonds  for  high- 
way improvement  provided  that  such  issue  be  first  approved' 
by  a  vote  of  the  people.  The  election  m?,y  be  ordered  by  the.- 
county  supervisors  on  the  petition  of  twenty-five  freeholders 
residing  within  the  territory  affected.  No  bond  issue  may  ex- 
ceed three  per  cent  of  the  assessed  valuation  of  the  county  or 
district  under  the  county  road  system. 

Counties  or  parts  of  counties  that  have  adopted  the  county 
road  system  may  levy  a  tax  of  not  exceeding  two  dollars  on 
each  one  thousand  dollars  of  assessed  valuation. 

Township  bonds.  Act  47,  1907.  The  township  board,  if 
petitioned  by  at  least  five  freeholders  of  the  township,  may  issue 


34  DIGEST  OF  LEGISLATION 

bonds  of  the  township,  to  an  amount  not  exceeding  five  per 
cent  of  its  assessed  valuation,  if  sixty  per  cent  of  the  legal 
voters  of  such  township,  voting  upon  the  proposition  at  a  town- 
ship meeting,  a  general  election  or  a  special  election  called 
by  the  board  for  that  purpose,  vote  in  favor  thereof. 

Statute  labor.     Statute  labor  has  been  abolished  in  this  state. 

Convict  Labor.  Laws  of  1897,  section  2659.  The  board  of 
supervisors  of  any  county  may  order  that  any  or  all  male 
prisoners,  over  the  age  of  eighteen  years,  under  sentence  in 
the  county  jail,  capable  of  performing  manual  labor,  be  re- 
quired to  work  upon  public  highways,  streets,  alleys  or  in  any 
quarry  or  pit  in  the  preparation  of  road  material.  All  work 
•done  by  prisoners  is  done  under  the  direction  of  the  township 
highway  commissioner  or  the  authorities  of  the  city  or  vil- 
lage, and  the  prisoners  are  under  the  control  of  the  sheriff. 

Section  2661.  The  sheriff  keeps  a  record  of  the  number  of 
.days  worked  by  each  prisoner,  but  no  prisoner  is  entitled  to 
.-any  compensation.  The  sheriff  makes  a  full  and  complete  re- 
-port  to  the  board  of  supervisors  at  each  regular  session.  (As 
:.amended  by  Laws  of  1909,  Act  No.  10.) 

MINNESOTA. 

The  'S'tale  Highzvay  Department.  Laws  of  1905,  chapter  163. 
The*  governor  appoints  three  commissioners  for  a  term  of  three 
years  who  constitute  the  state  highway  commission.  Not  more 
than  two  members  may  belong  to  the  same  political  party. 

The  commissioners  serve  without  compensation  except  for 
their  actual  traveling  expenses  while  engaged  in  performing 
their  duties  as  highway  commissioners. 

The  commission  appoints  a  secretary  who  must  be  a  civil  en- 
gineer and  practical  road  builder,  who  receives  an  annual  salary 
of  one  thousand  eight  hundred  dollars. 

Powers  and  duties.  The  commission  must  inquire  into  the 
best  methods  of  road  construction  in  other  states,  ascertain  the 
location  of  suitable  road  materials  and  hold  public  meetings 
throughout  the  state  when  deemed  advisable.  It  reports  an- 
nually to  the  governor  the  number  of  miles  of  state  roads 
built  during  the  year,  their  cost  and  general  character,  the  needs 


STATE  GOOD  ROADS  SYSTEMS  35 

of  the  roads  and  other  pertinent  information.  The  commis- 
sion distributes  the  state  aid  fund  among  the  counties.  The 
commission  prepares  rules  and  regulations  governing  the,  con- 
struction and  improvement  of  state  roads.  The  county  boards 
determine  what  roads  shall  be  state  roads  and  may  then  im- 
prove them  in  accordance  with  the  rules  of  the  commission. 

The  state  engineer,  when  practicable,  makes  the  necessary 
surveys  and  prepares  the  plans  and  specifications  for  all  state 
roads.  If  not  done  by  tne  state  engineer,  all  surveys,  never- 
theless, must  be  reported  to  him.  The  county  board  receives 
the  bids  and  lets  the  contract.  It  may  also  appoint  a  super- 
intendent of  construction  who  prepares  an  itemized  statement 
of  the  cost  and  reports  the  same  to  the  state  engineer.1  If 
the  county  authorities  refuse  or  neglect  to  comply  with  the 
rules  of  the  commission,  engineer  or  road  expert  relating  to 
road  construction  or  improvement,  the  county  loses  a  portion 
of  its  share  of  the  state  road  and  bridge  fund. 

State  Aid.  The  state  aid  fund  is  derived  from  a  tax  of  one 
twentieth  of  one  mill  on  each  dollar  of  valuation  of  all  prop- 
erty in  the  state.  No  county  may  receive  less  than  one  half 
per  cent  or  more  than  three  per  cent  of  this  fund.  The  com- 
mission determines  the  amount  each  county  receives,  taking 
into  consideration  the  extent  of  the  county,  the  amount  ex- 
pended by  it  in  road  construction  and  the  expense  connected 
with  the  development  of  new  territory. 

Appropriation.  Laws  of  1909,  chapter  91.  The  sum  of  three 
hundred  thousand  dollars  is  annually  appropriated  to  aid  in  the 
repair  and  construction  of  bridges  in  the  state.  This  amount 
is  apportioned  as  the  legislature  may  direct.2 

deferring  to  this  provision  of  the  laws  of  1905  which  authorizes  the 
appointment  of  a  superintendent  of  each  piece  of  work,  the  commission 
says  in  the  report  for  the  year  1908,  p.  92:  "Such  a  policy  has  been 
found  very  unsatisfactory  in  a  majority  of  cases,  owing  to  the  fact 
that  many  superintendents  so  appointed  have  no  knowledge  of  surveying 
or  drainage.  '  *  In  all  cases  where  a  competent  surveyor  or  en- 

gineer has  been  employed  as  superintendent  the  results  reported  to  this 
office  show  a  vast  improvement  over  the  old  haphazard  method  of  ditch- 
ing and  grading  by  guess." 

2This  law  was  declared  unconstitutional  by  the  state  supreme  court  in 
the  case  of  Cooke  v.  Iverson,  108  Minn.  122  N.  W.  The  court  held 
that  by  appropriating  money  for  the  constructing  of  roads  the  state 
thereby  became  a  "party  to  a  work  of  internal  improvement,"  in  viola- 
tion of  the  constitution. 


36  DIGEST  OF  LEGISLATION 

Amount.  No  more  than  one-third  of  the  cost  of  building 
any  bridge  or  road  may  be  paid  by  the  state  out  of  the  state 
aid  fund. 

County  organization.  Chapter  458,  Laws  of  1907,  provided 
for  a  county  superintendent  of  roads  and  a  township  inspector 
in  counties  having  a  certain  population — less  than  two  hun- 
dred thousand.  The  purpose  of  this  act  was  to  provide  skilled 
supervision  of  the  work  of  improving  state  roads.  But  this 
act  has  been  declared  void.1 

Local  Supervision.  The  present  system  provides  for  no  other 
supervision  than  that  of  ordinary  township  road  overseers  ex- 
cept in  townships  that  have  voted  to  require  the  payment  of 
all  road  taxes  in  cash,  where  a  competent  road  builder  is  ap- 
pointed as  township  highway  inspector.  He  has  supervision  of 
the  construction  and  maintenance  of  all  roads  and  bridges  not 
under  the  control  of  the  county  board  or  of  the  state  high- 
way commission. 

Road  Revenues.  Statutes  of  1905,  section  1205.  County  road 
tax.  The  county  board,  at  its  July  meeting  may  include  in 
its  annual  tax  levy  an  amount  not  exceeding  one  mill  on  the 
dollar  of  the  taxable  valuation,  for  the  general  road  and  bridge 
fund. 

Township  road  tax.  Section  1226.  All  real  and  personal 
property  in  .any  town  may  be  assessed  for  road  puposes  an 
amount  not  exceeding  one  dollar  for  each  one  hundred  dollars 
assessed  value.  This  tax  may  be  paid  in  labor. 

Bonds.  Section  184.  Counties  may  issue  bonds  for  the  con- 
struction of  special  highways  as  authorized  by  law.  Towns 
may  issue  bonds  for  the  opening  of  town  roads  and  the  re- 
pair of  bridges. 

Statute  labor.  About  seventy-five  per  cent  of  the  townships 
in  this  state  are  still  under  the  statute  labor  system,  not  more 
than  one-fourth  of  them  requiring  road  taxes  to  be  paid  in 
cash. 


^his    law    was     declared    unconstitutional    by    the    state    supreme    court 
in    the    case    of    Hjelm    v.     Patterson,     105    Minn.     256.       "The    basis    of 
classification     (population)     adopted    in    the    statute    under    consideration, 
says    the    court,    "is   purely   arbitrary   and   the    act    is    therefore    unconstiti 
tional." 


STATE  GOOD  ROADS  SYSTEMS  37 


NEW  HAMPSHIRE. 

The  State  Highway  Department.  Laws  of  1905,  chapter  35 
(amend  by  laws  of  1909).  The  control  of  the  work  to  which 
this  act  relates,  so  far  as  the  state  is  concerned,  is  committed 
to  the  governor  and  council  who  appoint  a  state  engineer  and 
fix  his  salary.  The  governor  and  council  make  a  biennial  re- 
port to  the  general  court  embodying  a  statement  of  expendi- 
tures and  recommendations. 

Powers  and  duties.  On  the  application  of  the  local  au- 
thorities the  governor  and  council  may  furnish  the  services  of 
any  engineer  in  the  employ  of  the  state  for  consultation  and 
advice  concerning  the  work  or  improvement.  The  governor 
and  council  must  provide  the  plans  and  specifications  for  any 
work  paid  for  out  of  the  state  joint  fund  and  cause  copies 
of  surveys  and  plans  of  state  highways  to  be  filed  in  the  office 
of  the  secretary  of  state.  The  -governor  and  council  make 
rules  and  regulations  governing  applications  for  state  aid. 

State  Aid.  State  aid  is  obtained  for  any  county  through 
application  of  its  board  of  commissioners. 

Each  town  must  set  apart  the  following  amounts,  out  of  the 
funds  raised  for  the  repair  of  highways  within  its  limits,  for 
the  permanent  improvement  of  its  main  highways  under  the 
advice  of  the  state  engineer : 

Amount  that  must  be  set 

Valuation  of  Town  Apart  for  $1,000  of  Valuation 

Up  to   $2,000,000 -...  $    1 .00 

Up   to     3,000,000    75 

Up  to     5,000,000    50 

Up  to   15,000,000    33  1-3 

Over      15,000,000   25 

The  county  commissioners  of  counties  within  which  incor- 
porated towns  and  places  are  located  set  apart  from  the  amount 
raised  therein  for  the  repair  of  highways  one  dollar  on  each 
one  thousand  dollars  of  the  valuation. 

If  a  locality  desires  state  aid  as  contemplated  by  this  act 
it  must  set  apart  a  sum  equal  to  fifty  per  cent  of  the  amount 
required  to  be  set  apart  according  to  the  foregoing  table. 


Up    to 

$     100,000    

Up    to 

250  000 

Uo    to 

500  000 

Uo    to 

1  000  000 

Up    to 

3,000,000    

Over 

3.000.000    . 

38  DIGEST  OF  LEGISLATION 

The    .governor    and    council    apportion    to    each    locality    that 
has    complied    with   the    provisions    of    this    act   for    each    dollar 
set  apart  as   required  above,   the   following  amounts : 
Valuation  of  Towns.  Amount  Apportioned. 

3.00 
1.25 
.60 
.40 
.25 
.20 

The  amount  apportioned  by  the  state  and  set  apart  by  the 
localities  under  the  preceding  paragraphs  constitute  the  joint 
fund  for  the  improvement  of  such  highways  within  the  locali- 
ties as  the  governor  and  council  and  the  local  authorities  hav- 
ing jurisdiction  over  highway  expenditure  may  designate.  But 
no  portion  of  this  fund  may  be  expended  within  the  compact 
portion  of  a  city  or  village,  except  in  towns  of  less  than 
two  thousand  five  hundred  population,  such  compact  portion 
to  be  determined  by  the  governor  and  council.  Localities  that 
do  not  apply  for  state  aid  may  expend  the  money  set  apart 
by  them  on  such  roads  as  the  selectmen  may  designate. 

Appropriation.  The  state  annually  appropriates  one  hundred 
twenty-five  thousand  dollars  to  carry  out  the  purposes  of  this 
act.  Bonds  of  the  state  amounting  to  one  million  dollars  and 
the  proceeds  thereof  are  applied  to  the  purposes  herein  set 
forth. 

Maintenance.  Highways  improved  by  the  joint  fund  must 
be  maintained  and  repaired  by  the  locality  and  at  local  ex- 
pense in  a  manner  satisfactory  to  the  governor  and  council. 
If  the  work  of  repair  is  neglected  the  state  does  it  and  the 
expense  is  added  to  the  state  tax  for  that  locality  the  follow  • 
ing  year. 

Local  Supervision.  The  control  of  roads  and  highways  is 
vested  in  the  commissioners  of  the  counties  and  the  selectmen 
of  the  towns.  The  qommissioners  prescribe  grades  for  high- 
ways they  order  opened  and  have  general  supervision  of  the 


STATE  GOOD  ROADS  SYSTEMS  39 

Road  Revenues.  Laws  1899,  chapter  29,  section  2.  Each 
town,  at  its  annual  town  meeting,  raises  and  appropriates  for 
the  repair  of  highways  and  bridges  a  sum  not  less  than  one- 
fourth  of  one  per  cent  of  the  valuation  of  the  polls  and  rat- 
able estate  on  which  other  taxes  are  assessed  by  the  town. 
In  addition  to  such  appropriation  each  town  may  raise  as 
much  more  as  is  necessary,  but  no  town  "may  be  required  to 
raise  more  than  fifty  dollars  per  mile  for  repair  of  roads  and 
bridges." 

NEW  JERSEY. 

The  State  Highway  Department.  G.  S.  1795-1895.  Vol.  3,  p. 
2902.  The  governor  appoints  a  commissioner  of  public  roads, 
subject  to  confirmation  by  the  senate,  for  a  term  of  three  years. 
He  receives  an  annual  salary  of  five  thousand  dollars  and  an 
allowance  of  four  thousand  dollars  for  hiring  clerks  and  en- 
gineers and  supervisors  and  a  further  allowance  of  two  thou- 
sand five  hundred  dollars  for  the  purpose  of  employing  super- 
visors. (As  amended,  chapter  70,  Laws  of  1906.) 

Powers  and  duties.  He  performs  the  duties  with  respect 
to  public  roads  previously  performed  by  the  president  of  the 
state  board  of  agriculture.  He  collects  data  relating  to  the  im- 
provement and  construction  of  roads  and  reports  to  the  legis- 
lature annually  what  roads  are  built  by  state  aid,  the  cost 
thereof  and  the  general  operations  of  the  office  the  past  year. 

The  commissioner  awards  contracts  for  the  improvement  of 
roads  constructed  under  this  act.  He  also  examines  the  natural 
character  of  the  soil  upon  which  the-  road  is  to  be  built  and 
ascertains  all  important  facts  in  relation  to  the  work  before 
approving  the  plans  and  specifications  of  the  improvement  as 
submitted  by  the  board  of  freeholders  of  the  county.  He  may 
reject  them  if  conditions  do  not  justify  the  undertaking.  He 
may  also  reject  the  contract  for  doing  the  work  if  in  his 
judgment  the  best  interests  of  the  county  seem  to  require  it. 

After  the  contract  has  been  awarded  the  state  commissioner 
appoints  a  competent  supervisor  to  have  charge  of  the  work. 

State  Aid.  The  owners  of  two-thirds  of  the  lineal  feet,  or 
the  area  of  the  land  fronting  on  any  public  road  may  petition 


40  DIGEST  OF  LEGISLATION 

the  county  board  of  freeholders  that  such  road  be  improved 
under  the  provisions  of  the  state  aid  law.  If  it  also  appears 
that  ten  per  cent  of  the  cost  of  such  work  has  been  appro- 
priated by  the  locality,  then  the  board  must  order  such  im- 
provement to  -be  made  if  the  road  is  not  less  than  one  mile 
in  length  or  connects  with  some  other  improved  road  or 
street.  (Laws  of  1908,  chapter  53.) 

The  board  of  freeholders  for  the  county  then  pass  a  reso- 
lution ordering  the  improvement,  prepare  plans  and  specifica- 
tions and  then  submit- the  same  to  the  state  commissioner  for 
his  approval  or  rejection.  The  county  board  then  advertises 
for  bids  for  doing  the  work,  subject  to  the  approval  or  re- 
jection of  the  state  commissioner. 

Appropriation.  The  total  annual  appropriation,  used  for  de- 
fraying the  one-third  paid  by  the  state,  is  three  hundred 
thousand  dollars. 

Amount.  One-third  of  the  cost  of  building  roads  under  this 
act — county  roads,  they  are  called — is  paid  by  the  state,  /Utv- 
six  and  two-thirds  per  cent  by  the  county  and  ten  per  cent 
by  the  township. 

The  state  aid  policy  was  adopted  in  1892  and  since  that  time 
and  including  1909,  the  sum  of  three  million  three  hundred 
and  one  thousand  five  hundred  and  ninety-five  dollars  and  ten 
cents  have  been  paid  out  of  the  state  treasury  for  this  pur- 
pose. Over  fifteen  hundred  miles  of  improved  roads  have 
been  constructed. 

Maintenance.  The  board  of  freeholders  of  the  county  keep 
roads  built  by  state  aid  in  repair  and  if  they  neglect  to  do 
so  the  state  commissioner  notifies  the  state  comptroller  who 
withholds  the  payment  of  any  portion  to  which  the  county 
may  have  become  entitled  until  such  work  is  done. 

Local  Supervision.  After  the  first  county  road  has  been  con- 
structed in  any  county  under  the  preceding  act,  the  board  of 
freeholders  must  appoint  a  county  supervisor  of  roads  to  hold 
office  for  three  years.1  In  other  counties  the  control  of  the 

'It  is  strongly  urged  that  after  the  first  county  road  has  been  con- 
structed under  state  aid  it  shall  be  made  the  duty  of  the  county  board 
to  appoint  a  suitable  person  as  county  engineer.  In  counties  where  pro- 
visions for  a  county  engineer  have  been  made  the  work  is  better  and 
more  economically  done,  while  in  the  others  there  is  a  lack  of  uniformity 
and  efficiency  in  the  work.  Report  Commissioner  of  Public  Roads,  1908, 
p.  11. 


STATE  GOOD  ROADS  SYSTEMS  41 

roads  is  in  the  board  of  freeholders  who 'levy  the  necessary 
taxes. 

Road  Revenues.  The  board  of  chosen  freeholders  levy  the 
county  road  taxes. 

County  bonds.  The  county  may  issue  bonds  to  pay  its  share 
(two-thirds)  of  the  cost  of  permanently  macadamizing  or  im- 
proving roads  within  its  limits  if  in  the  opinion  of  the  free- 
holders thereof  a  tax  levy  would  be  too  burdensome.  Such 
bonds  may  not  run  less  than  six  nor  more  than  thirty  years  and 
bear  interest  not  exceeding  five  per  cent  per  annum.  (Ch.  58, 
Acts  of  1906.) 

Statute  labor.     All  road  taxes  are  paid  in  cash. 

NEW  MEXICO. 

The  State  Highway  Department,  Laws  of  1909,  chapter  42, 
section  1-11.  In  1909  a  law  was  passed  creating  a  territorial 
highway  commission,  composed  of  three  members,  the  gover- 
nor, the  commissioner  of  public  lands  and  the  territorial  en- 
gineer, all  of  whom  serve  without  compensation. 

Powers  and  duties.  Said  highway  commission  meets  in  the 
office  of  the  state  engineer  four  times  a  year  and  may  hold 
special  meetings  when  necessary. 

The  commission  has  general  charge  and  supervision  of  all 
highways  and  bridges  in  the  state  constructed  or  maintained  in 
whole  or  in  part  by  state  aid. 

•State  engineer.  The  state  engineer  is  the  engineer  of  the 
roads  commission  and  is  subject  to  the  orders  of  the  same. 
He  has  supervision  over  all  such  highways  as  have  been  speci- 
fied, and  he  also  has  supervision  of  all  county  bridges  built 
by  contract  where  the  cost  exceeds  one  thousand  dollars. 

State  Aid.  It  is  the  duty  of  the  commission  to  construct, 
repair  and  maintain  at  the  expense  of  the  state,  either  in  whole 
or  in  part,  such  public  roads  as  in  its  judgment  will  subserve 
the  general  interest  of  the  public. 

State  tax.  The  state  commission  is  authorized  to  cause  to 
be  levied  annually  a  tax  of  not  to  exceed  one  mill  upon  each 
dollar  of  taxable  property  in  the  state  for  road  purposes.  The 
money  so  collected  constitutes  the  state  road  fund. 


42  DIGEST  OF  LEGISLATION 

Local  Supervision.     Laws  1905,  chapter  124,  sections  1-41      The 

public   highways   in  the   different   counties   of   the   state  are   un- 

the      jurisdiction    of    the    county    commissioners    of    their 

respective    counties.      Said    commissioners    divide    their    counties 

3  road   districts   and   appoint  a  road  overseer  to  take  charge 

the   road    work   in    each   district.     The   compensation    of   the 

road   overseer   is   fixed  by  the   county   commissioners,  but   such 

Compensation    may    not    exceed    five    dollars    per    day    for    each 

day  s   service. 


h  '  ' 

The   board    of   county   commissioners    may   levy   a 

dolla  r      Z       PUrP°SeS  -°f   "Ot   l°    eXCeed    thr"    mills    °"    *e 
All   property   w.thm   the    limits   of   incorporated   town, 
and   cities   is  not   subject  to   this  tax 

Statute  labor.  Laws  1905,  chapter  124,  sectioh  26  Every 
able  bod,ed  man  between  the  ages  of  twenty-one  and  sixty  ye  rs 
m«st  pay  annually  a  road  tax  of  three  dollars,  or  in  eu 
thereof  work  three  days  on  the  ^  ,  I  eu 

Odroecsitir  appiy  to  pers°ns 


Convict  Labor.     Laws    1909,    chapter  89,    sections    1-3 

e,     ,, 
, 
\  ° 


,  ,    secons     -        It    is 

-°ffiCer   V1^   °f  C°U"t 
S°nerS  Wh°  are   Se"tenced 

Pl*lic 


,,       -  °     C°U"ty  >         '"  *<     * 

nS°  Se"tenced  to 


uch        ,  , 

°  °"   '  e 


eve        Con      t  "   —"—'-«    whatso- 

•er.     Convicts   m   the   state   penitentiary  are   worked    on    such 
roads  as  the  state  commission  may  designate. 

NEW  YORK. 

^  State  Highway  Department.     Laws  of  1908,  chapter  330 

oi   thte         "^  *  de^tmml  °f  "ighway,  to  be  composed 

advi        n  commiss'°"ers    appointed   by    the    governor,    with    the 

-  and  consent  of  the  senate,  for  a  term  of  six  years      One 

ommissioner  must  be  a  civil  engineer  and  an  experienced  road 
and  bridge  tu.lder.  The  chairman,  designated  by  the  gover- 

or,  receives  six  thousand  dollars  and  each  of  the  others  five 
thousand  per  annum.  One  commissioner  must  belong  to  the 
minority  .party. 


STATE  GOOD  ROADS  SYSTEMS  43 


Powers  and  duties.  The  commission  has  supervision  over 
highways  and  bridges  improved  by  the  aid  of  the  state;  it  pre- 
scribes rules  relating  to  the  duties  of  division  engineers,  district 
county  or  town  superintendents  in  respect  to  highways  com- 
posing state  or  county  systems  and  it  may  compel  compliance 
with  such  regulations.  The  commission  aids  local  road  authori- 
ties in  establishing  grades  and  drainage  systems  and  advises 
with  them  as  to  the  construction  of  highways.  It  must  pre- 
pare plans  and  specifications  of  roads  and  bridges  when  re- 
quested by  the  local  road  authorities.  It  investigates  methods 
of  road  construction,  prepares  statistics  and  information  relat- 
ing to  public  highways  throughout  the  state  and  holds  annual 
meetings  in  each  county  or  district  where  it  furnishes  infor- 
mation relating  to  highway  improvement  and  the  application  of 
the  highway  law. 

The  commission  also  divides  the  state  into  not  more  than 
six  divisions  to  each  of  which  it  assigns  a  division  engineer, 
skilled  and  experienced  in  the  arts  of  civil  engineering. 

The  commssion  inspects  bridges  reported  unsafe  and  in- 
structs the  district  or  county  superintendent  as  to  the  repair 
of  such  as  are  condemned  by  it.  It  also  inspects  all  state  and' 
county  highways  annually  keeping  careful  reports  of  such  in- 
spection. 

All  state  highways  are  constructed  or  improved  by  the  high- 
way commission  and  their  maintenance  and  repair  is  under 
its  direct  supervision  and  control. 

State  Aid.  The  board  of  supervisors  of  the  county  may  pass 
a  resolution  requesting  that  a  highway  be  improved,  as  pro- 
vided in  this  article,  and  giving  a  description  of  the  highway. 
This  resolution  is  transmitted  to  the  state  highway  commission. 
The  commission  after  due  investigation  notifies  the  board  of 
its  action.  If  improvement  is  decided  upon  the  division  en- 
gineer prepares  the  plans,  specifications  and  costs.  The  plans 
are  submitted  to  the  proper  district  or  county  superintendent 
who  personally  examines  the  same  and  the  highway  proposed  to 
be  constructed.  The  board  of  supervisors  then  examine  the 
plans  and  specifications  and  with  the  consent  of  the  commis- 
sion may  make  changes  therein.  They  then  request  that  the 


DIGEST  OF  LEGISLATION 


highway  -be  constructed  accordingly.  The  county  and  town 
must  make  available  their  share  of  the  cost  before  the  work  is 
commenced. 

State  bonds.     The  state  recently  issued  its  bonds  in  the  sum 
ifty  million  dollars  for  the  construction  of  improved  roads 
Three    million    five    hundred    thousand    dollars    were    expended 
for  highways  in  the  state  and  eleven  million  dollars  have  been 
thus  expended  since  1899. 

Amount     The  state  pays  the   several  towns  as   state  aid   the 
'based    upon    the    amount    of    taxes    levied    therein    for 
repair    or    improvement    of   highways,    sluices,    culverts    and 
bridges  determined  as   follows: 

Towns    whose    assessed    valuation    of    real      or      personal 
property,   exclusive   of  property  in   incorporated  villages,   is   less 
ban    five    thousand    dollars    for   each    mile    of   highway   in    such 

of  suchretCaxIse   "         °Unt   fmm   thC   StatC   Cqilal  t0  the 


All   towns    whose    assessed    valuation    is    over    five      thou- 
I    dollars    and    less    than    seven    thousand    dollars    for    each 
mile   of   highways   receive   an   amount   equal   to   ninety  per  cent 
of  the  amount  of  such  taxes. 

tho,    l7HS11Wh°Se/SSeSSed    ValUati°n      is      at      least      seve" 
lousand   dollars   and   not   over  nine  thousand   dollars   for   each 

mile   o     highways   receive   an   amount   equal   to   eighty  per   cent 
the  amount  of  such  taxes. 

tho,     T7?S11whose/ssessed   valuation    is   not   less     than     nine 
usand  dollars  and  less  than  eleven  thousand  dollars  for  each 
highway  receive  an  amount   equal   to   seventy  per   cent 
of  the   amount   of  such   taxes. 


S'not   Iess  than 

and    less    than    thirteen    thousand    dollars    for 
ch    mile    of   highways    receive   an   amount   equal   to   sixty   per 
-  of  the  amount  of  such  taxes. 

Towns    whose    assessed    valuation    is    over    thirteen    thou- 
I    dollars    for    each    mile    of    highways    receive    an    amount 

fifty  per   cent   of  the  amount   of  such   taxes.- 
But  no  town  may  receive  from  the  state  in  any  one  year,  un- 
der   this    section,    an    amount    in    excess    of   twenty-five    dollars 


STATE  GOOD  ROADS  SYSTEMS  45 

per  mile  for  the  total  of  these  'highways,  except  that  in  towns 
whose  assessed  valuation  of  property,  exclusive  of  such  prop- 
erty in  incorporated  villages,  averages  more  than  twenty-five 
thousand  dollars  for  each  mile  of  highways  therein,  the  amount 
paid  hereunder  may  not  exceed  one-tenth  of  one  per  cent  of 
such  assessed  valuation. 

Section  102.  The  mileage  of  highways  to  be  used  in  deter- 
mining the  amounts  to  be  paid  under  section  101  is  deter- 
mined by  tables  prepared  by  the  state  engineer. 

Sec.  103.  The  state  comptroller  determines  the  amount  due 
the  several  towns  under  the  provisions  of  this  article  and 
draws  warrants  in  favor  of  each  county  treasurer  for  the 
amount  due  to  the  towns  within  his  county.  The  county  treas- 
urer in  turn  pays  to  the  supervisors  of  each  town  the  amount 
to  which  each  town  is  entitled. 

The  cost  of  building  state  roads  is  borne  entirely  by  the 
state.  But  the  cost  of  building  county  roads  is  borne,  fifteen 
per  cent  by  the  town,  thirty-five .  per  cent  by  the  county  and 
fifty  per  cent  by  the  state. 

•Maintenance.  State  and  county  roads  are  maintained  and  re- 
paired by  and  at  the  expense  of  the  state,  except  that  each 
town  pays  annually  fifty  dollars  for  each  mile  of  the  total 
mileage  of  state  and  county  highways  within  its  borders. 

Local  Supervision.  The  commission  divides  the  state  into 
six  divisions  and  assigns  to  each  a  cjyil  engineer  who  devotes 
his  entire  time  to  the  duties  of  his  office.  .The  supervisors  of 
each  county  have  the  power  to  appoint  a  county  uperintendent 
of  highways,  but  if  they  neglect  to  do  so  the  commission  places 
such  county  in  a  district  with  such  other  counties  as  it  deems 
expedient. 

County  superintendents  may  be  removed  by  the  commission 
for  inefficiency.  The  ultimate  authority  in  matters  pertaining 
to  highways  constructed  by  state  aid  is  in  the  state  highway 
commission. 

The  towns  have  supervision  and  control  over  town  ways,  but 
the  commission  may  prescribe  rules  and  regulations  governing 
the  expenditure  of  state  funds  thereon. 

Road  Revenues.     Bonds.     Laws  of  1908,  section  142.     County 


DIGEST  OF  LEGISLATION 


or  town  may  borrow  money.  If  there  are  not  sufficient  funds 
m  the  county  treasury  to  pay  .the  share  of  the  cost  of  the  con- 
struction or  improvement,  the  county  treasurer  is  authorized  or 
directed  to  borrow  a  sufficient  sum  to  pay  such  share  in  antici- 
pation of  taxes  to  be  collected  therefor  and  to  pledge  the  faith 
and  credit  of  the  county  for  the  payment  of  the  amount  when 
due,  with  interest. 

Upon  the  petition  of 'the  town  board  of  any  town,  the  board 

f  supervisors  of  the  county  may  authorize  the  town  to  borrow 

a  sufficient  sum  to  pay  the  share  of  the  cost  of  the  construction 

or  improvement  of  a  county  highway  which  is  to  be  borne  by 

the  town  and  to  issue  bonds  therefor. 

Township    Taxes.      Sections    90,    91-94.     The    town   board    of 
each  town  levies  and  collects  taxes  as  follows: 

The  amount  to  be  levied  and  collected  for  the  repair  and 
improvement    of    highways,    including      sluices,      culverts      and 
dges  having  a  span  of  less  than  five  feet,  which  when  added 
to  the  amount  to  be  received  from  the  state,  must  equal  thirty 
)llars  for  each  mile  of  highways  within  the  town,  outside  the 
limits    of    incorporated    villages;    except    that    no    town    having 
an    assessed    valuation    of    three    thousand    seven    hundred    and 
ifty   dollars   or   less   per   mile   outside   of   incorporated   villages 
rs   required  to  levy  and   collect  a  tax  under  this   subdivision  of 
3ur   dollars   on   each   thousand   dollars   of  assessed   valuation. 
-.     Not  more  than  fifteen  hundred  "dollars  may  be  levied  and 
-cted    m    any   one   year    for   the   repair   and    construction    of 
bridge    unless    authorized   by  vote   of   a  town   meeting. 

3.  Not   more   than    five   hundred    dollars   may  be    levied    and 
>cted   in   any   one  year   for  the  purchase   or   repair   of   road 

ichmery  unless  authorized  by  the  vote  of  a  town  meeting. 

4.  Nor    more    than    fifteen    hundred    dollars    may    be    levied 
and  collected   in   any  one   year   in   any  town   for  the   repair   or 
construction    of   any   highway  or  bridge   which   has   been    dam- 
aged or  destroyed,   unless  authorized  by  vote  of  a  town  meet- 
ing. 

Additional  tax.  Section  92.  Whenever  the  sum  of  one 
thousand  dollars  will  be  insufficient  to  pay  the  expenses  neces- 
sary for  the  removal  of  obstructions  caused  by  snow  and  when- 


STATE  GOOD  ROADS  SYSTEMS  47 

ever  the  amounts  levied  are  deemed  insufficient  for  the  pur- 
poses mentioned  an  additional  sum  may  be  raised  at  a  special 
or  regular  town  meeting,  not  exceeding  one-third  of  one  per 
cent  upon  the  taxable  vahiation. 

Statute   labor.     All   road   taxes   are   paid   in   cash. 

Convict  Labor.  The  superintendent  of  state  prisons  may  em- 
ploy not  to  exceed  three  hundred  convicts  confined  in  state 
prisons  in  the  improvement  of  public  highways  outside  of  in- 
corporated cities  or  villages. 

OHIO. 

The  State  Highway  Department.  Statutes  14614-11,  section  1. 
The  governor  appoints  a  state  highway  commissioner  for  a 
term  of  four  years  at  an  annual  salary  of  two  thousand  five 
hundred  dollars  and  actual  traveling  expenses  not  exceeding 
five  hundred  dollars  annually.  The  commissioner  may  appoint 
an  assistant  with  the  advice  and  consent  of  the  governor. 

Powers  and  duties.  The  purpose  of  this  department  is  to 
instruct,  assist  and  co-operate  in  the  building  and  maintenance 
of  roads  in  such  counties  as  comply  with  the  provisions  of 
this  act. 

The  state  highway  commissioner  must  approve  applications 
for  the  improvement  of  roads  by  state  aid  and  he  must  pre- 
pare plans  and  specifications  of  such  roads  and  also  submit 
to  the  county  commissioners  estimates  of  the  cost  of  the  work. 
He  advertises  for  bids  for  doing  the  work.  When  the  work- 
is  completed  he  ascertains  the  total  cost  thereof  and  apportions 
the  same  among  the  state,  county,  township  and  abutting  prop- 
erty. 

State  Aid.  The  county  commissioners  may  by  resolution 
order  the  permanent  improvement,  with  state  aid,  of  any  public 
road,  not  less  than  one  mile  in  length.  Or  if  the  board  does 
not  act,  the  owner  of  fifty-one  per  cent  of  the  lineal  feet 
along  such  road  may  petition  the  board  to  take  favorable  ac- 
tion on  the  petition  if  deemed  for  the  best  interests  of  the 
public.  The  location  of  the  road  and  the  material  to  be  used 
is  subject  to  the  approval  of  the  state  highway  commissioner. 
If  the  expense  of  constructing  all  the  road  applied  for  ex- 


DIGEST  OF  LEGISLATION 


ceeds  the  available  funds,  the  county  board  and  the  state  high- 
way commissioner  determine  what  roads  shall  be  improved. 
The  highway  commissioner  must  examine  and  approve  all  roads 
to  be  improved  before  work  may  be  commenced. 
^  Appropriation.  The  state  aid  fund  is  an  annual  appropria- 
tion of  one  hundred  fifty-eight  thousand  dollars  which  is 
equitably  distributed  among  the  counties. 

Amounts.  The  state  pays  fifty  per  cent  of  the  cost.  The 
remaining  fifty  per  cent  is  paid,  twenty-five  per  cent  by  the 
county  and  twenty-five  per  cent  by  the  township.  Fifteen  per 
cent  of  the  twenty-five  per  cent  charged  to  the  township  is  paid 
by  the  whole  township  and  ten  per  cent  is  a  charge  upon  the 
abutting  property.  The  township  trustees  apportion  the  amount 
to  be  borne  by  the  abutting  property  according  to  the  benefits 
accruing  to  the  owners  of  the  land. 

Maintenance.  State  highways—  highways  constructed  by  the 
aid  of  the  state—  are  maintained  in  standard  condition  of  re- 
pair by  the  commissioners  of  the  county  within  which  they 
are  situated  at  county  expense.  If  the  local  authorities  neglect 
their  duties  in  this  matter,  the  state  highway  commissioner 
may  do  the  work  and  deduct  the  cost  from  any  funds  that  may 
be  apportioned  to  the  county  in  aid  of  highway  improvement 
(Laws  of  1908.) 

Local  Supervision.  The  general  authority  over  roads  and 
highways  is  in  the  board  of  county  commissioners.  The  com- 
missioners of  districts  organized  for  the  purpose  of  improving 
or  constructing  highways  may  appoint  an  engineer  to  do  the 
necessary  work.  These  road  commissioners  are  appointed  by 
the  board  of  county  commissioners  when  two  or  more  town- 
ships have  by  vote  formed  themselves  into  a  road  district. 

If  one  hundred  or  more  taxpayers  of  a  township  petition 
the  board  of  trustees  to  improve  a  roa'd  or  roads  within  its 
borders  or  if  the  trustees  deem  it  for  the  best  interests  of 
the  township,  the  trustees  submit  the  question  to  a  popular 
vote.  If  the  proposition  is  carried  the  trustees,  appoint  three 
disinterested  freeholders  as  commissioners  to  serve  for  three 
years  who  designate  the  roads  to  be  improved,  hire  an  en- 


STATE  GOOD  ROADS  SYSTEMS  49 

gineer   to   prepare  the  plans   and   specifications   and   superintend 
the  work. 

Road  Revenues.  County  taxes.  The  county  commissioners, 
at  their  March  or  June  sessions,  annually,  may  levy  on  each  dol- 
lar of  assessed  valuation  in  their  county  a  tax  for  road  and 
bridge  purposes  as  follows : 

Valuation.  Tax. 

Over  $80,000,000  and  less  than  $120,000,000 */2  mill 

Over  $50,000,000  and  less  than  $  80,000,000 7-10  mill 

Over  $20,000,000  and  less  than  $  50,000,000 1  1-10  mills 

Over  $10,000,000  and  less  than  $  20,000,000 l1/^  mills 

Over  $  5,000,000  and  less  than  $  10,000,000 3  mills 

Up    to   $5,000,000 5^  mills 

State  and  county  improvement  fund.  The  county  commis- 
sioners in  addition  to  the  levy  authorized  for  road  and  bridge 
purposes,  levy  on  each  dollar  of  taxable  property  within  their 
county,  a  tax  not  exceeding  five-tenths  of  a  mill  for  the  crea- 
tion of  a  sta-te  and  county  improvement  fund. 

County  bonds.  To  pay  for  the  work  of  improving  highways 
at  the  instance  of  petitioners  from  three  or  more  townships 
the  commissioners  may  issue  bonds  of  the  county  having  not 
more  than  three  years  to  run. 

Bonds  may  also  be  issued  by  the  commissioners  to  pay  the 
shares  of  townships  and  landowners  of  the  cost  of  improve- 
ments of  highways  forming  boundary  lines  between  coun- 
ties. 

Township  bonds.  Township  trustees  may  issue  bonds  for 
their  township  to  pay  road  improvements. 

District  bonds.  The  township  trustees  may  form  their  town- 
ship into  a  road  district  for  the  purpose  of  macadamizing  or 
improving  public  ways  therein.  Bonds  of  the  road  district 
may  then  be  issued,  in  an  amount  not  exceeding  one  hundred 
thousand  dollars.  But  such  bond  issue  must  first  be  approved 
by  a  majority  of  the  votes  cast,  upon,  the  proposition. 

Township  tax.  The  trustees  of  any  township  may  levy  a 
tax  not  exceeding  six  mills  in  any  one  year  on  each  dollar 
of  assessed  valuation  in  their  township,  for  the  purpose  of  im- 
proving by  macadamizing  and  graveling  the  public  highways. 


50  DIGEST  OF  LEGISLATION 


Statute  labor.  All  male  persons  between  the  ages  of  twenty- 
one  and  fifty  years,  unless  by  law  exempt,  are  required  to  per- 
form two  days'  labor  on  the  highways,  or  in  lieu  thereof  pay 
the  road  superintendent  or  street  commissioner  the  sum  of 
three  dollars  within  three  days  after  being  notified  to  perform 
such  work.  All  property  road  taxes  are  paid  in  cash. 

Convict  Labor.  Convicts  may  be  required  to  crush  stone  or 
manufacture  road  material.  The  prison  authorities  furnish  such 
material  on  requisition  by  counties  or  townships. 

PENNSYLVANIA. 

The  State  Highway  Department.  Acts  of  1905,  No.  220.  The 
governer,  with  the  advice  and  consent  of  the  senate,  appoints 
a  highway  commissioner,  who  must  be  a  civil  engineer  and  an 
experienced  road  builder,  for  a  term  of  four  years.  He  re- 
ceives an  annual  salary  of  six  thousand  five  hundred  dollars  and 
actual  traveling  expenses.  He  may  appoint  as  assistants  one 
deputy  at  a  salary  of  three  thousand  six  hundred  dollars,  one 
competent  civil  engineer  at  three  thousand  dollars,  and  twelve 
civil  engineers  at  a  salary  of  two  thousand  four  hundred  dollars 
each  per  year. 

Powers  and  duties..  The  state  highway  commissioner  pre- 
pares plans  and  makes  the  necessary  surveys  and  estimates  of 
the  cost  of  the  work  of  constructing  or  improving  roads  by  state 
aid  funds.  He  also  apportions  the  state  aid  fund  among  the 
counties  on  the  basis  of  the  mileage  of  township  improved  roads. 
The  standard  ofconstruction  is  fixed  by  the  state  highway  de- 
partment in  a  manner  best  adapted  to  the  locality  in  which  the 
highways  are  located.  The  highway  commissioner  may  reject 
any  and  all  bids  for  doing  the  work  if  the  prices  are  materially 
higher  than  his  own  estimates. 

The  highway  commissioner  must  make  a  complete  survey 
of  all  roads  in  the  state  and  prepare  a  general  highway  plan 
for  the  state.  He  must  compile  highway  statistics  as  to  mile- 
age, condition  and  cost  of  roads.  He  must  investigate  road 
building  generally  and  he  may  be  consulted  by  local  highway 
authorities.  He  must  annually  submit  to  the  governor  a  report 


STATE  GOOD  ROADS  SYSTEMS  51 


containing  the  statistics  and  information  herein  mentioned,  to- 
gether with  a  statement  of  the  expenses  of  the  department. 

State  Aid.  How  obtained.  On  petition  from  the  supervisors 
of  any  township,  the  county  commissioners  apply  to  the  state 
highway  department  for  the  co-operation  of  the  state  in  im- 
proving permanently  the  principal  highway  within  such  town- 
ship. A  cash  road  tax  must  be  levied  by  each  township  where 
such  road  improvement  is  to  be  made,  and  any  township  may 
issue  bonds  to  pay  its  share  of  the  cost  of  the  improvement. 
But  if  a  petition,  signed  by  the  owners  of  the  major  portion 
of  the  real  estate  in  said  township,  is  addressed  to  the  county 
commissioners  protesting  against  such  improvement,  then  no 
action  is  taken,  provided  that  the  protest  be  received  within 
thirty  days  of  the  receipt  of  the  petition  from  the  township 
supervisors. 

Appropriation.  The  sum  of  six  million  three  hundred  fifty-six 
thousand  two  hundred  and  thirty-two  dollars  and  forty-seven 
cents  was  appropriated  to  carry  out  the  provisions  of  this  act. 
Of  this  amount  eight  hundred  fifty-six  thousand  two  hundred 
and  thirty-two  dollars  and  forty-seven  cents  was  available 
during  the  year  1905;  one  miffion  two  hundred  and  fifty  thou- 
sand dollars  for  each  of  the  two  years  following  and  one  mil- 
lion five  hundred  thousand  dollars  for  the  next  two  years 
thereafter. 

Amount.  The  expense  of  improving  highways  under  this  act 
is  paid  three-fourths  by  the  state,  twelve  and  one-half  per  cent 
by  the  county  and  twelve  and  one-half  per  cent  by  the  town- 
ship within  which  the  improved  road  lies. 

Maintenance.  Ten  per  cent  of  the  amount  available  for 
state  aid  under  this  act  is  set  aside  for  the  maintenance  of 
improved  highways  and  the  state  highway  commissioner  ap- 
portions the  same  among  the  counties  and  towns  applying  for 
it  in  proportion  to  the  mileage  of  improved  highways  therein. 
But  the  amount  each  town  or  county  receives  may  not  ex- 
ceed in  any  one  year  three-fourths  of  the  average  annual  cost 
of  maintenance  or  three-fourths  of  what  the  cost  of  mainte- 
nance, in  the  opinion  of  the  state  highway  commissioner,  should 
be.  If  the  town  or  county  refuse  or  neglect  to  keep  a  high- 


DIGEST  OF  LEGISLATION 


way  improved  under  contract  with  the  state  in  suitable  repair, 
the  state  highway  department  may  do  so  at  the  expense  of  the 
locality. 

Local  Supervision.  The  roads  of  the  county  are  under  the 
supervision  and  control  of  the  county  commissioner.  The  com- 
missioners may,  with  the  approval  of  the  grand  jury  and  the 
court  of  quarter  sessions,  specially  improve  any  road  or  roads 
selected.  A  plan  of  the  system  to  be  improved  is  prepared 
•by  the  board  and  the  roads  become  county  roads  and  are  main- 
tained at  county  expense. 

In  townships  of  the  second  class  three  road  supervisors  are 
elected  who  serve  'for  a  term  of  three  years.1  These  divide  the 
townships  into  road  districts  of  not  less  than  five  miles  of  road 
to  each,  and  appoint  a  road  master  for  each  such  district  who 
must  himself  work  upon  the  roads  and  see  that  the  work  is 
properly  done  within  his  jurisdiction. 

Road  Revenues.  Acts  1895,  No.  251,  section  14.  The  county 
commissioners  of  any  county  may  levy  a  road  tax  of  not  to 
exceed  two  mills  on  the  dollars,  upon  all  real  and  personal 
property  in  the  county  for  improving  important  county  roads. 

Township  road  tax.  Acts  1906,  No.  107,  section  2.  The 
township  board  of  supervisors  may  levy  a  tax  of  not  to  ex- 
ceed ten  mills  on  the  dollar  of  all  taxable  property,  trades  and 
occupations  for  the  purpose  of  constructing  and  repairing 
bridges.  An  additional  ten  mills  may  be  levied  by  order  of 
the  court  of  quarter  sessions,  upon  the  petition  of  the  board 
of  supervisors  and  with  their  unanimous  recommendation. 

Bonds.  Acts  of  1905,  No.  318.  The  commissioner  may  bor- 
row money  and  issue  bonds  for  building  and  improving  pub- 
lic highways.  The  amount  of  such  issue  must  not  exceed  one 
per  cent  of  the  assessed  value  of  all  taxable  property  in  the 
county  at  the  last  preceding  triennial  valuation.  Such  bonds 
bear  interest  at  a  rate  not  exceeding  four  per  cent  per  annum. 

The  commissioners  may  not  in  any  one  year  issue  bonds  in 
excess  of  one-tenth  of  one  per  cent  of  the  total  valuation  of 

'Townships  are  classified  according  to  population,  those  having  at 
oTfhe'second^das's  t0 ' 


STATE  GOOD  ROADS  SYSTEMS  53 

all  taxable  property  as  indicated  by  the  last  triennial  assess- 
ment. 

Statute  labor.  Acts  of  1909,  No.  566.  By  this  act  it  is 
provided  that  all  road  taxes  shall  be  paid  in  cash.  But  town- 
ships may  at  their  annual  meeting,  by  majority  vote,  adopt 
the  system  of  road  taxes  by  work  on  the  public  roads. 

Any  township  that  collects  its  road  taxes  in  cash  receives 
from  the  state  fifty  per  cent  of  the  amount  of  road  taxes  col- 
lected in  said  township,  but  no  township  may  receive  more  than 
twenty  dollars  for  each  mile  of  township  road  within  it. 
Five  hundred  thousand  dollars  are  appropriated  to  carry  out 
the  purposes  of  this  act. 

Convict  Labor.  Laws  of  1907,  Act  191.  Male  prisoners  may 
be  required  to  labor  on  the  public  highways  if  deemed  ex- 
pedient by  the  prison  board. 

RHODE  ISLAND. 

The  State  Highway  Department.  General  Laws  of  1909, 
chapter  84.  The  governor  appoints,  with  the  advice  and  con- 
sent of  the  senate,  a  state  board  of  public  roads  consisting  of 
five  qualified  electors,  one  from  each  county  of  the  state,  to 
hold  office  for  four  years.  The  members  receive  no  compen- 
sation except  for  their  necessary  traveling  expenses.  It  may 
expend  five  thousand  dollars  annually  for  clerk  hire. 

Powers  and  duties.  The  board  reports  annually  to  the  gen- 
eral assembly  and  makes  recommendations  as  to  re-locating, 
re-grading  and  improving  of  the  main  highways  of  the  state 
with  a  special  view  to  the  connection  of  the  same  with  the 
main  highways  of  adjoining  states.  No  work,  other  than  pre- 
liminary surveying,  is  done  upon  state  highways  until  the  re- 
port has  been  approved  by  the  assembly  and  the  money  ap- 
propriated for  such  purposes.  The  board  then  directs  and  con- 
trols all  expenditure  of  all  such  appropriations  and  makes  all 
contracts  necessary  for  that  purpose.  The  board  supervises 
the  maintenance  of  state  roads — roads  built  as  aforesaid. 

State  Aid.  Rhode  Island  builds  its  roads  at  state  expense 
and  does  not  give  aid  to  the  counties  or  localities. 

Bonds.     Bonds  of  the  state  in  the  sum  of  six  hundred  thou- 


1 

54  DIGEST  OF  LEGISLATION 

sand    dollars    were    issued    in    1906    to    provide    for    a    highway 
construction   fund. 

Maintenance.     State  roads  are  maintained  by  the  state  and  at 
its    expense. 

Local  Supervision.  Highways  are  repaired  and  constructed 
under  the  direction  of  the  town  council.  The  council  divides 
the  town  into  not  more  than  four  districts  and  annually  elects 
one  surveyor  of  highways  for  each  district.  The  appropriation 
tor  highway  purposes  is  made  by  the  town  meeting  All  work 
s  done  under  the  direction  of  the  town  council  and  it  may 
order  the  highways  to  be  graded  and  sidewalks  to  be  built 
therein. 

Road  Revenues.     General  laws   1909,  chapter     83,     section   3 

Town  taxes.     The  electors  of  each  town,  at  a  regularly  called 

etmg,  appropriate  such   sum  of  money  as   said  electors  may 

deem    necessary    for    the    maintenance    and    repair    of    its    hicrh- 

ways  and  bridges. 

Statute  labor.     All  road  taxes  are  paid  in  cash. 

VERMONT. 

^  The  State  Highway  Department  P.  S.  1902,  chapter  172,  sec- 
tion 4002.  The  governor  appoints  one  highway  commissioner 
with  the  advice  and  consent  -of  the  senate,  to  hold  office  for 
a  term  of  two  years  and  at  an  annual  salary  of  one  thousand 
eight  hundred  dollars. 

Powers  and  duties.  Section  4003.  The  commissioner  makes 
all  necessary  rules  and  regulations  governing  the  expenditure 
state  funds  apportioned  to  the  towns  or  incorporated  villages 
for  the  improvement  of  roads.  He  also  prepares  plans  a&nd 
specifications  for  road  building  and  advises  local  road  com- 
missioners in  reference  thereto. 

Section  4004.  The  commissioner,  with  the  advice  and  con- 
sent of  the  governor,  appoints  one  supervisor  for  each  county 
who  acts  as  his  agent  and  assists  him  in  supervising  the  ex- 
penditure of  state  funds  and  the  construction  and  improve- 
ment of  roads. 

The  county  supervisor  and  the  state  commissioner  approve 
the  selection  of  roads  to  be  improved  by  state  funds. 


STATE  GOOD  ROADS   SYSTEMS  OE> 

The  highway  commissioner  calls  a  meeting  of  road  and 
street  commissioners  annually  where  topics  of  his  choosing  are 
brought  forward  and  discussed. 

State  Aid.  Public  Acts,  1908,  No.  97.  Application  for  state 
aid  is  made  by  the  towns  to  the  state  highway  commissioner. 
Roads  to  be  improved  by  state  aid  are  selected  by  the  select- 
ment  of  the  town  and  the  town  road  commissioner,  subject  to 
the  approval  of  the  county  supervisor  and  the  state  highway 
commissioner.  If  a  town  votes  'a  sum  of  mdney  in  excess  of 
the  amount  required  to  be  expended  by  it,  the  highway  com- 
missioner apportions  to  such  town  a  sum  equal  to  the  amount 
so  voted  if  not  less  than  one  hundred  dollars  nor  more  than 
five  hundred  dollars. 

Appropriation.  The  sum  of  seventy-five  thousand  dollars  is 
annually  appropriated  to  carry  out  the  provisions  of  this  act. 
There  is  also  a  regular  appropriation  -of  one  hundred  thousand 
dollars.  A  state  tax  of  five  cents  on  the  dollar  is  annually 
assessed  on  'all  property.  The  proceeds  are  apportioned  among 
the  towns  to  be  used  in  support  of  highways. 

Amount  granted.  The  state  pays  one-half  of  the  cost  and 
the  town  the  other  half. 

Maintenance.  Highways  selected  for  improvement  by  state 
aid  are  maintained  at  the  expense  of  the  towns  within  which 
they  lie. 

Local  Supervision.  P.  S.  section  4004.  The  state  highway 
commissioner,  with  the  advice  and  consent  of  the  governor,  ap- 
points annually  supervisors  not  exceeding  one  for  each  county 
who  act  as  his  agents  and  assist  him  in  supervising  the  expendi- 
ture of  the  money  apportioned  and  appropriated  by  the  state 
for  highway  improvement.  They  inspect  roads  built  by  state 
money  and  receive  as  compensation  not  more  than  three  dol- 
lars per  day  to  be  paid  by  the  state  treasurer. 

The  town  elects  one  or  two  road  commissioners  who  serve 
for  three  years.  The  commissioners  superintend  the  expendi- 
ture of  the  highway  tax  and  have  charge  of  keeping  in  repair 
the  highways  of  the  town. 

Road  Revenues.  Public  statutes  1906,  section  3955.  Tax. 
For  keeping  in  repair  the  highways,  the  towns  annually  ap- 


DIGEST  OF  LEGISLATION 


propriate    a    sum    not    less    than    one-fifth    of    the    grant    list    of 
the   town. 

Section  3-968.  The  county  road  commissioners  for  unor- 
ganized towns  and  gores  may  levy  a  highway  tax  in  any  one 
year  of  not  to  exceed  thirty-five  per  cent  of  the  grand  list  of 
such  unorganized  town  or  gore. 

Bonds.  Public  statutes  1006,  section  3574-76.  A  town  or  in- 
corporated village  may  issue  bonds,  to  an  amount  not  ex- 
ceeding three  times  its  grand  list,  for  the  purpose  of  purchas- 
ing road  making  apparatus  and  for  building  permanent  'hiVh- 
ways. 

Section  3576.  Such  bonds  may  be  issued  for  a  term  not 
exceeding  twenty-five  years  and  at  a  rate  not  exceeding  five  per 
cent. 

Statute  labor.    All  taxes  are  paid  in  cash. 
Convict  Labor.     Section   6105.      The   prison   board     in     each 
county  may  work  county  prisoners  on  the  public  highways. 

VIRGINIA. 

The  State  Highway  Department.  Laws  of  1906,  chapter  73 
The  governor  appoints,  subject  to  the  confirmation  of  the  gen- 
eral assembly  in  joint  session,  a  citizen  of  the  state  and  civil 
engineer  for  state  highway  commissioner.  His  term  of  office 
is  six  years  and  his  annual  salary  is  three  thousand  dollars  and 
necessary  traveling  expenses.  The  highway  commissioner  to- 
gether with  the  professor  of  civil  engineering  of  the  Univer- 
sity of  Virginia,  of  the  Virginia  Military  Institute  and  the  Vir- 
ginia Agricultural  and  Mechanical  College  and  Polytechnic  In- 
stitute, constitute  the  state  highway  commission. 

Powers  and  duties.  When  the  local  road  authorities  of  any 
county  decide  to  improve  permanently  any  road,  they  apply  to 
the  state  highway  commission  for  a  civil  engineer  to  view  the 
proposed  road.  If  the  state  highway  commissioner  is,  after 
investigation,  convinced  that  the  proposed  improvement  is  upon 
a  main  traveled  highway,  he  prepares  the  plans,  specifications 
and  estimates  of  the  cost  of  the  work  and  forwards  the  same  to 
the  local  authorities. 

The  state  highway  commissioner  has  general  supervision  over 


STATE  GOOD  ROADS  SYSTEMS  57 

the  construction  and  repair  of  the  main  traveled  roads  of  the 
state  and  he  must  supply  technical  information  when  requested. 
He  may  also  call  into  consultation  the  professor  of  civil  en- 
gineering of  any  of  the  institutions  named  above. 

The  state  highway  commissioner  advertises  for  bids  and  ap- 
proves or  disapproves  the  contract  after  it  has  been  let  by 
the  local  authorities. 

State  Aid.  Laws  of  1908,  chapter  76.  The  road  authorities 
of  the  county  must  apply  to  the  state  highway  commission  if 
state  aid  is  desired,  agreeing  in  such  application,  in  behalf  of 
the  county,  that  the  county  will  pay  one-half  of  the  expense 
of  construction.  The  state  aid  fund  is  apportioned  among  the 
several  counties  according  to  the  amounts  of  state  taxes  paid 
into  the  state  treasury  by  each  of  the  counties  the  next  pre- 
ceding year,  on  realty,  personalty,  income  and  including  capi- 
tation tax. 

Appropriation.  Beginning  with  the  fiscal  year  commencing 
March  first,  1909,  the  sum  of  two  hundred  and  fifty  thousand 
dollars  is  annually  appropriated  to  carry  out  the  provisions 
of  this  act. 

Local  distribution  of  cost.  The  road  authorities  of  each 
county  may  determine  what  part,  if  any,  of  the  fifty  per  cent 
to  be  borne  by  the  county  shall  be  paid  by  the  smaller  road 
divisions  of  the  county  and  private  contributions  to  be  used  on 
account  of  such  expenses  may  be  accepted  'by  the  county. 

Maintenance.  '"  Highways  built  ;by  state  aid  are  maintained 
under  the  supervision  of  the  state  highway  commissioners. 

Local  Supervision.  Acts  of  1908,  p.  411-12.  The  board  of 
supervisors  of  each  county  appoints  a  county  superintendent  of 
roads,  if  deemed  necessary,  to  hold  office  for  two  years  at  a 
salary  fixed  by  it,  who  must  either  be  a  civil  engineer  or  well 
versed  in  road  building.  He  superintends  the  opening  and 
repairing  of  county  roads  and  bridges  within  the  county  and 
acts  as  purchasing  agent  of  all  materials  and  supplies  required 
in  the  prosecution  of  such  work.  He  is  subject  to  rules  and 
regulations  prescribed  by  the  board  of  supervisors  and  the 
state  highway  commissioner. 

The  superintendent  has  charge  of  tools  and  machinery  need- 


DIGEST  OF  LEGISLATION 


ed   for   road    work   and   furnished  by  the   board   of  supervisors 
_so    far   as   possible   supervises   personally   the   working  and 
opening  of  all  roads.     He  also  hires  teams  and  wagons  needed 
to   work   said   roads.     He   must   generally   supervise    roads    and 

that  the  same  be  kept  in  good  condition. 

Road  Revenues.     Taxes.     Acts  of  1908,  chapter  318.     General 
The   board   of   supervisors   of  each   county  annually   lew 
along  with  the  county  tax,  a  road  tax  upon  all  taxable  property 
m  the  county,  not  to  exceed  forty  cents  on  each  one  hundred 
ollars  of  assessed  valuation.     This  tax  is  applied  to  the  build- 
l  and  repair  of  roads  and  bridges,  defraying  the  county's  pro- 
ton  of   expense   of  construction   of  any  public   road  therein 
tor  which  state  aid  is  obtained,  and  the  payment  for  road  mach- 
inery. 

District  tax.     Chapter  118.     The  board  of  supervisors  of  each 
nty   annually   levy,   along   with   the   county   levy,   a   road   tax 
upon    all    taxable    property    in    the    several    magisterial    districts 
f  their  county  of  not  to  exceed   forty  cents  on   each  one  hun- 
dred  dollars'   worth   of  taxable  valuation.     The  amount  so  col- 

is  expended  in  the  several  road  districts  of  the  county. 
Special  tax.  Chapter  308,  section  2.  The  board  of  super- 
visors of  any  county  in  the  state,  which  has  not  a  special  road 
law  in  force  therein,  may  divide  their  respective  counties  into 
road  sub-districts.  When  authorized  by  a  majority  vote  of 
the  qualified  voters  a  special  road  tax  may  be  levied  in  any 
such  sub-district,  not  exceeding  fifty  cents  on  each  one  hun- 
dred dollars'  worth  of  taxable  property  therein 

Bonds.     Acts  of  1908,  p.  408.     An  amount,  not  exceeding  an 
amount,    the    interest    upon    which,    at    the    rate    authorized    by 
supervisors,    requires    the    imposition    of    an    annual    tax    in 
xcess    of   twenty   cents   on    each  one   hundred   dollars,   may   be 
levied   when   three-fifths    of   the   qualified   voters    voting   on    the 
proposition  cast  their  ballots  in  favor  of  it.1 

Statute  labor.     All  road  taxes  are  paid  in  cash,  statute  labor 
having  been  abolished  in  1904. 

co.unties    of   the    state    have    taken    advantage    of    this    law 
S  ranin  ** 


STATE  GOOD  ROADS  SYSTEMS  59 

Local  Supervision.  Acts  of  1908,  p.  411-412.  borne  counties 
are  operating  under  special  laws.  Generally  the  supervision, 
management  and  control  of  highways  rest  in  the  county  boards 
of  supervisors,  county  superintendents  of  roads,  road  sub-dis- 
trict boards  and  road  sub-district  surveyors  of  their  respective 
counties. 

The  supervisors  of  the  county  prepare  the  plans  of  roads  and 
bridges  when  called  upon. 

The  board  of  county  supervisors  biennially  appoint  a  county 
superintendent  of  roads  who  must  either  be  a  civil  engineer 
or  well  versed  in  road  building.  He  superintends  the  work  of 
repairing,  opening  and  maintaining  of  county  roads  and  bridges 
and  acts  as  purchasing  agent  for  the  board  of  supervisors.  His 
compensation  is  determined  by  the  board  of  supervisors. 

If  deemed  necessary,  the  superintendent  with  the  approval 
of  the  county  board  of  supervisors  may  divide  the  county  into 
road  districts  each  of  which  usually  consists  of  at  least  one 
magisterial  district.  This  division  into  districts  can  be  made 
only  when  the  superintendent  cannot  personally  supervise  tne 
repair  of  and  work  upon  roads. 

Convict  Labor.  Laws  of  1906,  chapter  74.  All  prisoners  con- 
victed of  crime  and  sentenced  either  to  hard  labor  on  the  pub- 
lic roads  or  to  imprisonment  in  jail,  and  all  persons  impris- 
oned for  default  in  the  payment  of  fines  and  costs,  constitute 
the  state  convict  road  force. 

Upon  application  of  the  superintendent  of  the  penitentiary 
the  judges  of  the  circuit  courts  of  the  counties  of  the  state  01- 
der  persons  convicted  to  join  the  state  convict  road  force. 

Chapter  59.  -If  a  person  awaiting  trial  is  unable  or  unwill- 
ing to  furnish  a  bail  bond  with  satisfactory  sureties,  he  may 
instead  of  being  committed  to  jail,  elect  to  join  a  chain  gang,  or 
the  state  convict  force. 

WASHINGTON. 

The  State  Highway  Department.  Laws  of  1909,  chapter  186. 
The  state  highway  department  consists  of  the  state  highway 
board  which  is  composed  of  the  state  auditor,  the  state  treas- 
urer and  the  state  highway  commissioner.  The  two  first 


60  DIGEST  OF  LEGISLATION      .  ' 

named  receive  no  compensation  except  actual  expenses  while 
engaged  in  their  official  duties  as  members  of  said  board.  The 
highway  commissioner  must  be  an  experienced  civil  engineer  is 
appointed  by  the  governor  for  a  term  of  four  years,*  and  're- 
ceives an  annual  salary  of  two  thousand  five  hundred  dollars 
and  traveling  expenses,  not  exceeding  one  thousand  dollars  per 
year  and  office  expenses  not  exceeding  one  thousand  two  hun- 
dred dollars  annually. 

Powers  and  duties.  The  commissioner  reports  biennially  the 
work  of  his  office  to  the  legislature  together  with  recommen- 
dations as  to  needed  state  highways  and  their  cost.  The  state 
highway  board  decides  what  portion  of  the  amount  appropriated 
for  any  state  road  shall  be  expended  within  the  counties  through 
which  the  proposed  road  will  run. 

The  state  commissioner  surveys  state  roads,  maps  them  in 
outline  and  profile  and  prepares  plans  and  specifications  for 
their  construction  which  must  be  approved  by  the  state  high- 
way board  before  any  road  is  constructed  or  improved  The 
commissioner  provides  superintendence  of  construction  work  on 
state  roads. 

The    commissioner    advertises    for    bids    for    the    construction 
state  roads  and  the  state  highway  board  may  reject  all  bids 
if  deemed  advisable. 

He    must    compile    statistics    and    gather    information    relating 

>  road  work  and  advise  persons  interested  in  highway  .improve- 
ment and  on  request  must  furnish  plans  and  specifications  for 
road  or  bridge  construction  or  repair. 

The  state  highway  board  has  charge  of  the  state  aid  fund 
and  its  distribution  throughout  the  state. 

State  Aid.  Laws  of  1907,  p.  298.  Upon  being  petitioned  by 
the  owners  of  two-thirds  of  the  lineal  feet  fronting  on  such 
public  highway,  that  the  highway  described  in  the  petition  be 
improved,  the  county  commissioners  must  and  without  such 
petition  may  pass  a  resolution  to  this  end.  This  resolution, 
which  must  contain  a  description  of  the  highway  proposed  to 
be  constructed,  is  transmitted  to  the  state  highway  board.  The 
state  board  then  investigates  all  the  circumstances  and  ascer- 
tains if  sound  public  policy  demands  the  improvement. 


STATE  GOOD  ROADS  SYSTEM'S  61 

Appropriation.  By  chapter  236,  Laws  of  1909,  the  sum  of 
six  hundred  and  fifty  thousand  dollars  is  appropriated  out  of 
the  public  highway  fund  for  the  construction  and  maintenance 
of  state  roads.  The  state  aid  highway  fund  represents  the 
proceeds  of  a  tax  of  one  mill  annually  levied  upon  all  property 
in  the  state  subject  to  taxation.  In  1909,  five  hundred  and 
ninety-five  thousand  dollars  was  appropriated  out  of  this  fund 
for  the  construction  of  state  aid  roads. 

Amount  granted.  State  roads.  State  roads — those  built 
through  mountainous  or  sparsely  settled  communities — are  con- 
structed wholly  at  the  expense  of  the  state. 

State  aid  roads.  The  cost  of  building  state  aid  roads  is  paid 
by  the  state  and  the  locality.  Fifty  per  cent  is  paid  by  the 
state  and  fifty  per  cent  by  the  county.  Fifteen  per  cent  of  the 
portion  paid  by  the  county  is  charged  to  the  local  road  dis- 
trict within  which  the  highway  lies  and  the  remainder  is  paid 
out  of  the  road  and  bridge  fund  of  the  county.  But  if  the 
improvement  was  made  at  the  instance  of  petitioners,  then  fif- 
teen per  cent  of  the  cost  is  paid  by  the  owners  of  the  abutting 
land  in  proportion  to  the  benefits  accrued. 

Maintenance.  State  aid  highways  are  maintained  at  the  ex- 
pense of  the  county  by  the  authorities  of  the  district  through 
which  the  roads  pass.  State  roads  are  maintained  by  the  state 
highway  commissioner  at  the  expense  of  the  state. 

Local  Supervision.  Laws  of  J909,  chapter  224.  The  county 
commissioners  have  general  supervision  of  the  highways  with- 
in the  county.  This  act  provides  for  the  permanent  improve- 
ment of  county  roads  on  the  petition  of  the  owners  of  two- 
thirds  of  the  lineal  feet  fronting  on  the  road  to  be  improved. 
The  county  engineer  furnishes  the  plans  and  specifications  and 
the  work  is  done  at  the  expense  of  the  owners  of  the  land  ben- 
efited. The  improvement  district  consists  of  the  land  lying  ad- 
jacent to  the  road  to  be  improved,  coterminous  with  it  and 
extending  one-half  mile  on  each  side  thereof. 

County  engineer  Laws  of  1907,  chapter  160.  The  county 
surveyor  is  hereafter  to  be  designated  as  county  engineer.  He 
must  be  a  competent  civil  engineer  and  is  elected  for  a  term 
of  two  years  at  a  salary  based  on  the  population  of  the  county. 


1 

62  DIGEST  OF  LEGISLATION 

The  township  at  its  annual  meeting  has  the  power  to  vote 
money  for  the  repair  and  construction  of  roads  and  bridges 
and  the  electors  may  at  such  meeting  direct  "what  amount  of 
the  tax  levied  for  road  purposes  shall  be  assessed  as  a  labor 
tax  and  the  amount  to  be  collected  as  other  town  taxes. 

The  county  commissioners  divide  the  county,  not  oftener  than 
once  a  year,  into  a  suitable  number  of  road  districts  appoint- 
ing one  supervisor  for  each.  This  supervisor  must  under  the 
direction  of  the  county  commissioners  keep  the  roads  and 
bridges  of  the  county  in  repair. 

Road  Revenues.     Taxes.     Laws  of  1903,  chapter  119. 

1.  All   male   persons   between    the   ages    of  twenty   one   and 
fifty  years,   unless  by  law  exempt,  are  required  to  pay  a  road 
poll  tax   of  two    dollars   annually. 

2.  The  board  of   county   commissioners  may  levy  a  general 
tax   for   road   purposes   on   all   taxable   property   in   the   county 
of  not  to  exceed  four  mills  on  the  dollar. 

3.  A   road   district   tax   on  all  taxable  property  in   the   road 
districts,  of  not  to  exceed  ten  mills  on  each  dollar  of  assessed 
valuation  may  be  levied  and  collected. 

District  taxes.  Laws  of  1909,  chapter  224.  When  the  county 
commissioners  of  any  county  have  been  authorized  to  create 
local  improvement  districts  within  their  respective  counties 
the  cost  of  constructing  permanent  roads  therein  is  levied  on 
the  lands  benefited  thereby. 

Bonds.      District  bonds  may  be  issued. 

^  Statute  labor.  The  electors  at  the  annual  town  meeting  de- 
cide what  proportion  of  the  road  taxes  shall  be  paid  in  cash 
and  what  in  labor  on  the  highways.  (Laws  1909,  chapter  160.)  ' 

Convict  Labor.  Laws  of  1907,  chapter  93.  All  convicts  con- 
fined and  not  otherwise  employed  must  be  employed  under  the 
authority  of  the  state  board  of  control  in  charge  of  the  super- 
intendent of  the  penitentiary  in  the  building  of  state  roads  in 
this  state.  The  places  where  and  the  manner  in  which  such 
work  is  done  are  determined  by  the  state  highway  board. 

Laws  of  1909.  Special  session,  chapter  11.  Convicts  kept 
at  work  in  any  of  the  four  quarries  of  the  state  are  required 


STATE  GOOD  ROADS  SYSTEMS  63 

to  work  therein  so  long  as  there  is  any  demand  for  the  crushed 
rock  or  other  output  of  such  quarry  for  building  or  improv- 
ing roads  or  streets. 

WEST  VIRGINIA 

The  State  Highway  Department.  Laws  of  1909,  chapter  53. 
The  chief  officer  of  the  department  of  public  roads  is  a  state 
commissioner  of  public  roads  who  is  appointed  by  the  gov- 
ernor for  a  term  of  four  years  at  an  annual  salary  of  three 
thousand  dollars  and  actual  traveling  expenses  not  exceeding 
one  thousand  dollars  for  himself  and  his  office  force  in  any  one 
year. 

Powers  and  duties.  The  commissioner  causes  to  be  printed 
bulletins  containing  useful  information  concerning  the  construc- 
tion and  maintenance  of  roads  which  he  distributes  throughout 
the  state.  He  reports  biennially  to  the  governor  and  the  legis- 
lature and  makes  recommendations  as  to  needed  legislation. 

The  commissioner  has  general  supervision  of  all  pub- 
lic roads  constructed,  improved  or  maintained  wholly 
or  in  part  by  state  money.  He  prepares  rules  and  regulations 
governing  the  conduct  of  county  engineers  in  dealing  with  any 
of  the  public  roads  of  the  state  system  and  determines  the  meth- 
ods of  improvement  or  construction  thereof.  He  causes  plans 
an  specifications  to  be  prepared  when  requested  by  the  county 
engineer  and  investigates  and  determines  the  most  suitable 
methods,  of  road  construction.  He  causes  public  meetings  to 
be  held  in  the  counties  for  the  discussion  of  questions  pertain- 
ing to  roads  and  advises  the  county  engineer  of  his  intention 
to  hold  such  meetings.  He  examines  and  passes  upon  plans 
and  specifications  for  state  aid  roads  upon  receipt  thereof  from 
the  county  court.  He  causes  tests  of  road  materials  to  be 
made. 

He  may  examine  all  accounts  and  records  kept,  as  required 
by  the  general  road  law  of  the  state,  by  all  road  officials,  and 
they  must  open  such  records  for  such  examination. 

State  Aid.  Laws  of  1909,  chapter  86.  When  a  county  board 
passes  a  resolution  requesting  that  a  certain  road  be  improved 
under  the  provisions  of  this  act  the  clerk  of  the  county  court 


1 

64  DIGEST  OF  LEGISLATION 

transmits   a   copy   of   such   resolution  to  the   state  commissioner 
of  public   roads. 

The  county  court  then  causes  a  survey  of  the  road  to  be  im- 
proved to  be  made  with  cross  sections  and  specifications  of  the 
work.  These  plans  and  estimates  if  approved  by  the  county 
court  are  then  referred  to  the  state  commissioner  for  approval 
or  rejection.  The  commissioner  approves  the  plans  and  speci- 
fications if  deemed  advisable  and  if  one-third  of  the  cost  of 
the  contemplated  improvement  plus  one-third  the  cost  of  all 
other  roads  previously  approved  by  him  does  not  in  a«y  year 
exceed  the  amount  set  apart  in  the  treasury  of  the  state  to 
the  credit  of  such  road  fund  and  available  for  the  use  of  the 
county  according  to  the  provisions  of  this  act. 

The  county  court  advertises  for  bids  for  doing  the  work,  but 
the  contract  therefor  must  be  approved  by  the  state  commis- 
sioner. 

State  tax.  Chapter  87  provides  that  the  state  road  fund  shall 
be  created  by  levying  a  tax  of  one  cent  on  every  one  hundred 
dollars  valuation  of  property,  real  and  personal. 

Amount  granted.  The  state  pays  one-third  of  the  cost  of 
constructing  county  roads. 

Maintenance.  Roads  constructed  under  the  provisions  of  this 
act  remain  thereafter  county  roads  and  are  maintained  out  of 
the  general  county  fund. 

Local  Supervision.  Chapter  52,  Laws  of  1909.  County  en- 
gineer. The  office  of  county  road  engineer  is  created.  The 
county  court  of  each  county  appoints  him  and  fixes  his  compen- 
sation. He  must  be  competent  to  establish  grades  and  "keep 
the  roads  and  records  as  provided  by  law.  The  county  sur- 
veyor may  serve  if  qualified.  He  works  under  the  direction  of 
the  state  commissioner  of  public  roads. 

He  has  general  charge  of  the  public  roads  and  bridges  within 
the  county  and  general  supervision  of  the  work  of  construct- 
ing and  maintaining  the  same,  giving  advice  and  information 
where  and  when  needed.  He  examines  gravel  formations  and 
deposits  of  stone  in  the  county,  establishes  grades  and  ap- 
proves plans,  specifications  and  estimates  for  the  erection  and 
repair  of  bridges  and  the  repair  and  construction  of  roads.  He 


STATE  GOOD  ROADS  SYSTEMS  65 

advises  the  county  court  as  to  road  work,  reports  annually  to 
the  state  commissioner  and  obeys  the  orders  of  the  county  court. 

Road  Revenues.  Taxes.  The  county  court  of  each  county 
levies  such  taxes  as  may  be  necessary  for  the  construction  and 
maintenance  of  public  roads. 

District  tax.  A  tax  of  one  dollar  may  be  levied  on  every 
male  inhabitant  of  each  road  district  between  the  ages  of 
twenty-one  and  fifty  years,  unless  by  law  exempt. 

County  bonds.  Chapter  52.  The  county  may  improve  by  the 
use  of  macadam,  asphalt,  brick  or  stone  or  any  other  process 
of  equal  merit  roads  within  its  limits.  This  may  be  paid  for 
by  a  special  levy  or  by  the  issuing  of  bonds.  If  by  bonds,  a 
petition  to  this  end  signed  by  fifty  legal  voters  who  are  free- 
holders in  the  county,  must  first  be  addressed  to  the  county 
court.  The  proposition  is  thereupon  submitted  to  a  vote  at 
a  general,  school  or  a  special  election  and  it  must  receive  three- 
fifths  of  all  the  votes  cast  at  such  election  upon  that  question. 

Chapter  86.  Cities,  towns  and  villages  may  raise  funds  by 
taxation  by  the  issuing  of  bonds  for  the  purpose  of  improving 
roads. 

Statute  labor.  By  chapter  52,  Laws  of  1909,  all  road  taxes 
must  be  paid  as  other  county  and  state  taxes. 

Convict  Labor.  Chapter  52,  section  95.  The  county  road  en- 
gineer may  secure  prisoners,  serving  sentence  in  jail,  for  gen— 
eral  work  upon  the  highways. 


66  DIGEST  OF  LEGISLATION 


PART  II. 

1.    (Note  below) 

ALABAMA. 

Organisation.  Code  1907.  All  pubic  roads,  bridges  and  fer- 
ries are  under  the  jurisdiction  of  the  court  of  county  commis- 
sioners, who  may  divide  the  county  into  a  convenient  number 
of  road  precincts,  and  appoint  one  or  more  apportioners  for 
each  election  precinct,  which  apportioners  appoint  one  over- 
seer to  each  road  precinct  or  link. 

Supervisors.  The  court  of  county  commissioners  may  ap- 
point a  supervisor  of  the  public  roads  who  must  be  a  civil 
engineer.  The  supervisors  of  public  roads  are  required  to  make 
surveys,  maps,  plats  and  plans  of  the  public  roads  and  may  be 
required  to  superintend,  the  work  of  overseers,  contractors, 
employes  and  road  hands. 

Road  Revenues.  Statute  labor.  Code  1907.  All  able  bodied 
men  of  specified  ages  are  liable  to  do  work,  not  to  exceed  ten 
days  a  year,  on  the  roads,  or  in  lieu  thereof  pay  ten  dollars. 

Road  districts.  Counties  may  be  divided  into  road  districts 
for  the  purpose  of  ordering  an  election  on  the  question  of  levy- 
ing a  special  road  tax  therein.  A  majority  vote  carries  the 
proposition.  The  tax  may  not  exceed  one- fourth  of  one  per 
cent  on  the  assessed  valuation  of  property  in  the  road  district. 
The  county  commissioners  may  levy  a  tax  of  not  more  than 
twenty-five  cents  on  each  one  hundred  dollars  of  assessable  prop- 
erty for  road  purposes. 

Convict  Labor.  Code  1907.  The  convicts  of  any  county  or 
municipality  may  be  worked  upon  the  public  roads. 

ARIZONA. 

Organisation.  R.  S.  1901.  Public  highways  are  under  the 
control  of  the  board  of  county  supervisors.  The  board  divides 


1Most   of   the  matter   in   this   part   was   compiled   by   Mr.    Iver   A.    Acker. 
The   material   thus   gathered   was   condensed   by   the   legislative   librarian. 


STATE  GOOD  ROADS  SYSTEMS  67 

the  county  into  road  districts  and  appoints  annually,  and  when- 
ever vacancies  occur,  an  overseer  for  each  road  district. 

Road  overseers  have  the  power  to  let  contracts  for  the  con- 
struction and  repair  of  roads  and  bridges  in  their  districts, 
when  the  amount  of  such  contracts  does  not  exceed  two  hun- 
dred dollars. 

County  inspector.  The  board  of  county  supervisors  have 
the  power  to  appoint  a  county  road  inspector,  when  deemed 
necessary,  who  performs  such  duties  as  the  board  of  super- 
visors direct.  His  compensation  may  not  exceed  three  dollars 
and  fifty  cents  per  day  of  actual  service. 

Road  Revenues.  The  county  board  of  supervisors  may  levy 
a  road  tax,  not  exceeding  twenty-five  cents  on  each  one  hun- 
dred dollars  of  real  and  personal  property  in  the  county.  In 
all  counties  of  the  first  class,  having  unpaid  road  fund  war- 
rants outstanding,  the  board  of  supervisors  may  levy  a  prop- 
erty tax  not  exceeding  fifty  cents  on  each  one  hundred  dollars 
valuation  of  real  and  personal  property.  Fifty  per  cent  of  the 
money  thus  collected  -is  used  for  the  redemption  of  outstand- 
ing road  warrants,  and  the  balance  is  placed  by  the  county 
treasurer  in  the  road  fund  and  paid  out  on  road  fund  warrants 
issued  by  the  board  of  supervisors  as  provided  by  law.. 

Statute  labor.  R.  S.  1901.  Every  able  bodied  male  resi- 
dent, over  twenty-one  and  under  fifty  years  of  age  and  not 
residing  within  the  corporate  limits  of  an  incorporated  town 
or  city  is  required  to  perform  two  days'  labor  on  the  high- 
ways within  his  district,  or  pay  two  dollars  in  lieu  thereof. 

ARKANSAS. 

Local  Supervision.  Statutes  1904.  Public  highways  are  un- 
der the  general  supervision  of  the  county  courts,  which  divide 
their  counties  into  road  districts  and  appoint  one  overseer  for 
each  district. 

Commissioner  of  Highways.  In  each  county  where  a  road 
tax  is  levied,  or  where  the  county  prisoners  are  worked  upon*  the 
public  roads,  the  county  court  may  appoint  a  suitable  person, 
commissioner  of  public  roads  and  highways,  who  supervises 
the  work  on  the  highways,  or  each  political  township  may  be  a 


68  DIGEST  OF  LEGISLATION 

road  district,  and  the  qualified  electors  thereof  elect  a  town- 
ship road  overseer  to  supervise  the  road  work  therein. 

Road  Revenues.  Statute  1904.  Taxes.  The  county  court  of 
any  county  which  does  not  require  the  full  constitutional  limit 
of  five  mills  on  the  dollar  to  be  levied  for  all  county  purposes, 
may  levy  for  any  one  year  a  tax  of  not  to  exceed  three  mills 
on  the  dollar  for  road  purposes  when  authorized  by  a  majority 
of  the  electors. 

District  bonds.     Acts   1907.     Act  247.    When   authorized     by 

a  majority  of  the  owners  of  real  property  in  any  county  or  part 

'  thereof,    the    county    court    of   any    such    county    may    create    a 

road    improvement    district,    and    bonds    may    be    issued    to    pay 

for   the   construction   of   permanent   roads   therein.1 

Statute  Labor.  Code  1904.  All  able  bodied  men  of  speci- 
fied ages  are  required  to  work  on  public  highways  within  their 
township,  not  more  than  five  days  in  any  one  year,  or  pay 
one  dollar  for  every  day  of  required  labor.2 

Convict  Labor.  Statute  1904.  In  case  the  judge  of  the  county 
court  is  unable  to  make  a  contract  with  any  person  for  the  em- 
ployment of  county  prisoners,  then  he  may  order  the  prisoners 
to  be  worked  on  the  public  roads. 

FLORIDA. 

Organisation.  G.  S.  1906.  The  county  commissioners  are  in- 
vested with  the  general  superintendence  of  the  public  roads,  and 
each  commissioner's  district  is  a  road  district. 

Road  commissioners.  The  county  commissioners  appoint 
three  suitable  persons  in  each  district  as  commissioners  of 
roads  and  bridges,  who  lay  off  the  roads  in  their  districts  and 
in  turn  appoint  overseers  of  each  road  subdivision. 

County  Superintendent.  The  county  commissioners  may  ap- 
point a  county  road  superintendent  to  supervise  and  direct  the 
building  and  maintenance  of  all  public  roads  in  the  county. 

Road  Revenues.     G.   S.    1906.     Special  .tax.     In     any     county 


JMany  counties  are  operating  under  special  laws  and  therefore  the  pro- 
visions regarding  bonds  issues  vary  in  the  different  counties. 

^Section  7270.  The  county  court  at  its  October  term  may,  in  its  dis- 
cretion, increase  the  days  of  work  for  the  ensuing  year  to  a  number 
not  greater  than  ten. 


STATE  GOOD  ROADS  SYSTEMS  69 

the  county  commissioners  may  levy  a  special  tax  for  road  pur- 
poses, not  to  exceed  five  mills  on  the  dollar  on  all  real  and 
personal  property. 

Improvement  fund.  G.  S.  1906.  All  lands  granted  to  the 
state  under  the  act  of  congress  of  1850,  known  as  the  "Swamp- 
Overflow  act,"  must  be  sold  and  the  proceeds  thereof  appor- 
tioned among  the  counties  in  proportion  to  their  assessed  valu- 
ations, the  proceeds  to  be  expended  in  the  'building  of  improved 
roads. 

Laws  of  Florida,  1909,  Chapter  5884.  In  counties  not  con- 
structing paved,  macadamized  or  hard  surfaced  roads,  the 
county  commissioners  may  levy  an  additional  road  tax  not  to 
exceed  three  mills  on  the  dollar  on  real  and  personal  prop- 
erty to  be  used  solely  for  the  purpose  of  constructing  roads. 

Statute  labor.  Laws  of  Florida,  1907.  Every  able  bodied 
male  person,  not  exempt  by  law,  is  liable  to  do  work  on  the 
public  roads  not  exceeding  eight  days  per  annum. 

Convict  Labor.  G.  S.  1906.  All  persons  confined  in  the 
county  jail  under  sentence  may  be  worked  on  the  roads  of  the 
county. 

GEORGIA. 

Organization.  Code  1895.  The  public  roads  are  under  the. 
jurisdiction  of  the  ordinaries  of  the  ordinary  courts  in  their  re- 
spective counties.  They  divide  their  respective  counties  into 
road  districts  and  apportion  the  labor  and  expenses  equally 
among  them. 

Road  commissioners.  The  ordinary  of  the  ordinary  courl- 
appoints  three  commissioners  for  each  road  district  for  a  term 
of  two  years,  who  in  turn  appoint  road  overseers.  The  road 
commissioners  inspect  public  roads  and  bridges  within  their 
districts.  The  overseers  superintend  the  work  on  the  roads. 
Road  work  that  cannot  be  done  by  the  hands  subject  to  road 
labor  may  be  done  by  the  county  chain  gang,  by  contract,  or 
otherwise  as  the  county  authorities  may  deem  best. 

Alternative  road  system.  The  system  known  as  the  Al- 
ternative road  law"  may  be  adopted  by  any  county  on  the 
recommendation  of  the  grand  jury  thereof.  Under  this  sys- 


70  DIGEST  OF  LEGISLATIpN 


tern  the  officers  who  have  charge  of  county  matters  appoint  a 
superintendent  of  public  roads  and  necessary  overseers,  guards 
and  officers. 

Who  subject  to  road  duty.  Section  5744.  Able  bodied  male 
citizens,  not  exempt  by  law,  are  liable  to  road  duty,  not  ex- 
ceeding ten  days,  or  a  payment  of  fifty  cents  per  day  in  lieu 
thereof. 

The  county  authorities  may  improve  and  repair  the  pub- 
lic roads  as  follows : 

1.  They  may  work  a  chain  gang  of  convicts  and  those  who 
do  not  pay  the   commutation  tax. 

2.  They    may    have    the    roads    worked    by    contract,    if    the 
contractors   are   required   to   employ  the   chain   gang,   and   those 
who  do  not  pay  the  commutation  tax,  and  to  pay  for  the  same. 

3.  They  may  combine  all  the  said  methods. 

Road  Revenues.  County  tax.  The  commissioners  of  roads 
and  revenues  or  the  ordinary  may  levy  a  tax  of  not  more  than 
twenty  cents  on  each  one  hundred  dollars  of  taxable  property, 
and  said  tax  together  with  the  commutation  tax,  is  known  as 
the  public  road  fund. 

Statute  labor.  All  able  bodied  male  persons  of  specified  ages 
are  subject  to  work  on  the  public  highways,  not  exceeding  fif- 
teen days  in  a  year,  unless  exempt  by  law.  The  guards  and  con- 
victs of  the  penitentiary  are  required  to  do  road  work,  but 
may  be  exempt  by  the  payment  of  one  dollar  for  each  day 
required  to  work. 

Convict  Labor.  A  chain  gang  consisting  of  the  misdemeanor 
convicts  of  the  county,  or  convicts  obtained  for  hire  from  any 
other  county,  may  be  worked  upon  the  roads. 

INDIANA. 

Organization.  Generally  the  control  of  highways  vests  in  the 
county  commissioners  and  the  township  trustees.  The  latter 
appoint  a  supervisor  over  each  of  the  road  districts  within 
the  township. 

Road  Revenues.  Tax.  A  tax  of  thirty  cents  on  each  one 
hundred  dollars  valuation  is  levied  annually  by  the  township 
trustee.  An  additional  tax  of  ten  cents  may  be  levied  for 


STATE  GOOD  ROADS  SYSTEMS  71 

bridges  if  agreed  to  by  the  board  of  county  commissioners.  A 
tax  of  ten  cents  upon  each  one  hundred  dollars  of  assessed 
valuation  may  be  levied  for  every  ten  miles  of  gravel  or  stone 
road,  by  the  county  auditor  upon  all  the  taxable  property  of 
the  county  for  the  repair  of  the  same. 

Bonds.  Bonds  of  the  county  may  be  issued  for  road  purposes 
not  exceeding  four  per  cent  of  the  assessed  valuation  of  the 
county. 

Statute  labor.  The  poll  tax  may  be  worked.  The  town- 
ship trustee  with  the  approval  of  the  county  commissioners, 
may  levy  a  property  road  tax  which  may  be  worked  out. 

IOWA. 

Organization.  County  supervisors.  Code  1897.  The  board  of 
county  supervisors  has 'general  supervision  of  the  roads  in  the 
county. 

Township  supervision.  Code  1907.  Road  districts.  Each 
township  in  every  county  is  a  road  district,  but  the  board  jpf 
township  trustees,  •  on  petition,  may  divide  the  township  into 
two  or  more  road  districts.  The  electors  thereupon  elect  a  road 
superintendent  for  their  district  for  a  term  of  two  years. 

Under  the  one  district  plan  the  board 'of  trustees  direct  the 
expenditure  of  the  road  fund,  let  by  contract  the  work  on  the 
roads,  or  appoint  not  to  exceed  four  superintendents  of  roads 
to  oversee  the  road  work.  The  road  superintendents  'direct 
the  work  on  the  roads  and  report  twice  a  year  to  the  township 
clerk. 

Improvement  districts.  A  highway  improvement  district  may 
be  formed  by  the  county  board  of  supervisors  on  the  petition  of 
residents  owning  a  majority  of  •  the  acres  of  the  land  therein. 
The  road  work  in  the  district  is  let  by  contract  and  is  under  the 
supervision  of  a  competent  engineer. 

Road  Revenues.  Laws  of  19109,  chapter  97.  County  road  fund. 
The  county  supervisors  may  levy  a  tax  of  not  to  exceed  one 
mill  on  each  dollar  of  the  assessed  value  of  all  taxable  prop- 
erty in  the  county.  On  a  petition  of  a  majority  of  the  free- 
holders of  any  township  the  board  of  supervisors  may  levy 


72  DIGEST  OF  LEGISLATIpN 

an  additional  mill  in  said  township,  to  be  expended  by  the 
board  on  the  public  roads  therein. 

The  county  board  may  levy  an  additional  tax  of  not  more 
than  one  mill  for  the  drainage  of  highways. 

Section  7,  chapter  95.  Fifty  per  cent  of  the  cost  of  con- 
structing roads  within  the  permanent  road  districts  is  levied 
on  the  abutting  property. 

Township  road  fund.  Code  1907.  The  township  trustees 
of  each  township  may  levy  a  tax  of  not  less  than  one  mill 
nor  more  than  four  mills  on  each  dollar  of  the  township  assess- 
ment. 

Statute  labor.  In  townships  under  the  one  district  plan 
the  property  road  tax  must  be  paid  in  cash,  and  in  the  others 
all  able  bodied  men,  not  exempt  by  law,  are  required  to  per- 
form two  days'  labor  on  the  public  highways. 

Convict  Labor.  Convicts  may  be  required  to  work  upon  the 
public  roads. 

KANSAS. 

Organization.  G.  S.  1909.  County  engineer.  In  each  coun- 
ty of  the  state  of  more  than  twenty  thousand  inhabitants  coun- 
ty commissioners  appoint  an  engineer  of  highways  who  has 
supervision  of  all  the "  highway  and  bridge  work  in  the  county. 

In  any  county  in  the  state  having  less  than  twenty  thousand 
inhabitants,  the  board  of  county  commissioners  may  appoint 
a  county  engineer  of  highways. 

The  engineer  inspects  the  road  work,  classifies  roads,  col- 
lects information  relative  to  road  materials,  and  prepares  plans 
and  specifications.  The  county  surveyor  may  be  county  en- 
gineer if  competent. 

Roads  may  be  improved  by  the  county  commissioners  and  a 
superintendent  of  the  work  appointed  by  them,  when  sixty 
per  cent  of  the  abutting  land  owners  petition  to  this  end.  Sev- 
enty-five per  cent  of  the  expense  is  borne  by  the  land  owners, 
and  twenty-five  per  cent  by  the  township.  If  the  road  is  of 
general  importance,  the  county  may  pay  a  portion  of  the  ex- 
pense. 

Township  organization.     G.  S.  1909.     The  township  board  are 


STATE  GOOD  ROADS  SYSTEMS  73 

commissioners  of  roads  and  highways  in  their  townships,  and  all 
roads  are  under  their  control,  subject  to  the  authority  of  the 
county  engineer. 

Road  Revenues.  County  tax.  The  county  commissioners  may 
levy  an  annual  road  tax  of  not  to  exceed  three  mills  on  the 
dollar,  except  on  real  estate  in  cities  of  over  two  thousand 
population. 

Township  tax.  The  county  commissioners  levy  a  tax  of  not 
more  than  one  mill  on  the  dollar  on  all  property  in  each  town- 
ship. The  township  board  may  levy  a  road  tax,  not  to  ex- 
ceed three  mills  on  the  dollar,  to  improve  the  roads  in  the 
township.  The  board  may  have  the  road  work  done  by  con- 
tract. 

Good  roads  tax.  A  tax  of  not  more  than  one  mill  on  the 
dollar  for  a  period  of  not  less  than  five  years,  may  be  levied 
by  the  county  commissioners  after  a  majority  of  the  voters  of 
the  county  have  approved  of  the  same.  This  tax  is  expended  for 
the  construction  of  other  than  dirt  roads  only. 

A  special  assessment  must  be  made  for  twenty  per  cent  of 
the  entire  cost  of  constructing  permanent  roads  on  all  lands 
situated  .within  one-half  mile  on  each  side  thereof. 

Bonds.  County  bonds  may  be  issued  in  amount  not  to  ex- 
ceed said  twenty  per  cent  of  the  contract  price,  and  the  funds 
for  the  redemption  of  the  same  come  from  the  assessment  of 
said  lands. 

Statute  labor.  All  male  persons,  not  exempt  I>y  law,  pay  a 
road  poll  tax  of  three  dollars,  or,  in  lieu  thereof,  work  two 
days  on  the  public  highway. 

All  taxes  assessed  for  the  purpose  of  maintaining  a'nd  con- 
structing public  highways  must  be  paid  in  cash. 

Convict  Labor.  County  prisoners  may  work  out  fines  and 
costs  on  the  public  highway. 

KENTUCKY. 

Organisation.  Statutes  1894.  The  fiscal  court  of  each  county 
has  general  charge  and  supervision  of  the  public  roads  and 
bridges  therein. 


74  DIGEST  OF  LEGISLATION 

The  public  roads  are  maintained  either  by  taxation  or  by 
hands  allotted  to  work  thereon. 

Road  precincts.  The  judge  of  each  county  court  divides 
his  county  into  read  precincts,  and  allots  all  citizens  liable  to 
work  therein.  For  each  precinct  he  appoints  a  resident  over- 
seer who  has  charge  of  the  road  work. 

In  counties  wherein  the  roads  are  worked  by  taxation  it  is 
the  duty  of  the  overseers  to  assist  the  county  supervisor,  if 
there  is  one,  and  to  look  after  the  roads  in  their  respective 
precincts. 

Supervisors.  The  fiscal  court  of  any  county  where  the 
roads  are  worked  by  taxation  may  appoint  a  county  super- 
visor who  lets  to  the  lowest  bidder  the  working  and  keeping 
in  repair  of  all  roads  in  the  county  for  a  term  of  not  less 
than  one  year  nor  more  than  four  years.  He  also  inspects 
all  road  work  and  may  hire  hands  to  do  the  work  under  his  own 
supervision  instead  of  letting  the  same  on  contract. 

Road  Revenues.  Laws  of  1908,  chapter  26.  County  tax. 
The  fiscal  court  has  power  to  levy  a  tax  for  road  and  bridge 
purposes  of  not  exceeding  fifty  cents  per  year  on  each  one 
hundred  dollars  of  assessed  valuation,  and  also  a  per  capita 
tax  of  not  exceeding  one  dollar  and  fifty  cents  on  each  male 
person  twenty-one  years  of  age  or  more. 

The  fiscal  court  of  any  county  may  require  all  male  citi- 
zens, not  exempt  by  law,  to  work  on  the  roads  not  exceed- 
ing six  days  in  the  year. 

Delinquent  taxpayers  must  work  out  their  road  taxes.  Laws 
1908,  chapter  42. 

Convict  Labor.  Statutes  1894.  All  male  persons  confined  in 
county  jails  or  work  houses  under  sentence  at  hard  labor  may 
be  worked  on  the  public  highways. 

LOUISIANA. 

Organisation.  Acts  1902,  Acts  Nos.  202,  203,  Road  districts. 
The  public  roads  are  under  the  jurisdiction  of  the  police  juries. 
The  police  juries  divide  their  parishes  into  districts,  for  each 
of  which  they  appoint  an  overseer  of  roads.1 

1Police  juries  in  Louisiana  correspond  to  boards  of  county  commission- 
ers or  county  courts  in  other  states. 


STATE  GOOD  ROADS  SYSTEMS  75 


Road  Revenues.  Laws  of  1906.  Act  No.  95.  For  the  pur- 
pose of  paving  and  improving  roads,  a  municipal  corporation 
drainage  district,  or  parish,  may  submit  to  a  vote  the  ques- 
tion of  levying  a  special  tax  for  issuing  bonds  therefor. 

Taxes.  Such  special  tax  may  not  exceed  five  mills  on  the 
dollar  of  the  assessed  valuation  in  any  one  year.2 

Bonds.  Negotiable  bonds  may  be  voted  upon  not  to  exceed 
one-tenth  of  the  assessed  valuation  of  the  property  within  a 
•  municipal  corporation,  drainage  district  or  parish. 

Statute  labor.  Acts  1902,  Act  No.  203.  All  male  persons,  not 
exempt  by  law,  are  required  to  perform  work  upon  the*  high- 
ways, or  in  lieu  thereof  pay  one  dollar  for  each  day  required 
to  work. 

MONTANA. 

Organization.  Revised  Code  1907.  Road  districts.  The 
board  of  county  commissioners  of  the  counties  of  the  state 
have  general  supervision  over  the  highways.  They  divide  their 
counties  into  suitable  road  districts  and  appoint  supervisors  for 
the  same. 

The  road  supervisors  take  charge  of  the  highways  and  direct 
the  road  work. 

Contract  work.  The  county  commissioners  may  let  out  by 
contract  the  construction  and  improvement  of  highways  and 
bridges  when  the  amount  of  the  work  to  be  done  exceeds 
two  hundred  dollars. 

Road  Revenues.  There  is  levied  and  collected  on  the  tax- 
able property  in  each  county  not  less  than  one  mill,  nor  more 
than  three  mills,  for  road  purposes ;  also  a  special  tax  of  two 
dollars  on  every  man  over  the  age  of  twenty-one  years  and  un- 
der fifty  years.  All  moneys  so  collected  constitute  the  general 
road  fund 

Statute  labor.  A  special  road  tax  of  two  dollars  may  be 
paid  by  one  day's  labor  on  the  roads. 


2An  amendment  to  the  state  constitution  will  be  voted  upon  in  No- 
vember, authorizing  the  collection  of  one-fourth  of  one  mill  on  the  as- 
sessed value  of  all  property  in  the  state  for  creating  a  road  fund  to 
construct  and  maintain  public  roads  of  the  state. 


76  DIGEST  OF  LEGISLATION 


MISSISSIPPI. 

Organisation.  Code  1906.  Each  county  is  divided  in'o  five 
districts  for  the  election  of  members  of  the  board  of  super- 
visors. The  supervisor  of  each  district  has  general  super- 
vision over  the  public  highways  therein.  The  supervisors  of 
each  county  divide  the  county  into  road  links  and  appoint  one 
overseer  for  each  link  to  have  charge  of  the  road  work. 

Road  commissioner.  The  board  of  supervisors  of  each  county 
may  employ  a  competent  person  to  serve  as  county  road  and 
bridge  commissioner. 

Contract  work.  The  board  of  supervisors  of  any  county 
may  work  the  public  roads  by  contract. 

Road  Revenues.  Road  fund.  In  addition  to  the  commutation 
tax,  a  property  tax  not  exceeding  three  mills  is  levied  on  all 
taxable  property  within  the  portion  of  the  county  that  is  worked 
by  contract 

An  additional  tax  upon  all  taxable  property  in  the  county 
not  exceeding  one  mill  on  the  dollar  may  be  levied.1 

Bonds.  For  refunding  any  outstanding  indebtedness,  bonds 
may  be  issued  by  the  board  of  county  supervisors  to  an  amount 
which,  added  to  all  its  bonded  indebtedness,  may  not  exceed 
five  .per  cent  of  the  assessed  valuation  of  the  property  of  the 
county. 

Macadamized  roads.  If  petitioned,  the  county  supervisors 
may  authorize  a  road  to  be  macadamized  or  otherwise  per- 
manently improved.  One-third  the  cost  of  building  such  roads 
must  be  borne  by  the  lands  benefited,  and  the  petition  must  be 
signed  by  the  owners  of  at  least  three-fifths  of  the  lands  bor- 
dering on  the  road. 

Statute  labor.  Code  1906.  All  male  persons  not  exempt 
by  law  are  required  to  work  on  the  roads  not  exceeding  ten 
days,  or  pay  in  lieu  thereof,  five  dollars. 

Convict  Labor.  Code  1906.  The  county  board  of  super- 
visors may  require  convicts  to  work  on  the  public  roads,  and 
may  make  contracts  for  that  purpose. 

1One-half  of  the  taxes  collected  within  a  municipality  are  returned  to 
the  street  fund  of  the  same. 


STATE  GOOD  ROADS  SYSTEMS  77 

MISSOURI. 

Organisation.  Laws  of  1909.  The  county  court  of  each 
county  not  under  township  organization  has  general  super- 
vision over  the  public  roads  and  it  may  divide  the  same  into 
road  districts  with  a  road  overseer  for  each. 

County  engineer.  The  county  court  appoints  a  county  high- 
way engineer,  who  may  also  be  the  county  surveyor,  and  who 
inspects  and  supervises  the  highways  of  the  county. 

Township  organization.  Laws  of  1909.  In  counties  under 
township  organization,  the  highways  are  under  the  general 
supervision  of  the  county  courts. 

The  county  engineer  has  direct  supervision  over  all  the  pub- 
lic roads  in  the  county,  and  over  the  road  overseers  of  the 
townships 

Road  Revenue.  Laws  of  1909,  page  768.  State  fund.  All 
moneys  accruing  to  the  state  from  any  levy  for  road  purposes 
constitutes  the  general  state  road  fund.  This  fund  must  be 
used  for  the  construction  of  permanent  roads  only.1 

State  aid.  For  the  construction  of  permanent  roads,  the 
state  pays  one-half,  the  citizens  may  pay  one-fourth,  and  the 
county  or  district  (or  city)  may  pay  the  remaining  fourth. 
The  apportionment  of  the  fund  is  based  on  the  assessed  valu- 
ation, but  no  county  may  receive  more  than  three  per  cent  in 
a  year. 

The  county  courts  may  levy  a  tax  of  not  more  than  twenty 
cents  on  each  one  hundred  dollars  valuation  as  a  road  tax. 

.Special  road  and  bridge  fund.  A  special  tax,  not  exceed- 
ing twenty-five  cents  on  each  one  hundred  dollars  valuation, 
may  be  levied  in  counties  not  under  township  organization,  for 
road  and  bridge  purposes. 

Township  tax.  The  township  board  may  levy  a  tax  for  road 
purposes  of  not  to  exceed  twenty-five  cents  on  the  one  hun- 
dred dollars  valuation. 

County  bonds.  If  two-thirds  of  the  votes  cast  at  a  special 
election  are  in  favor  of  the  proposition,  bonds  must  be  issued 


XA  constitutional  amendment  will  be  submitted  to  the  voters  of  the 
state,  authorizing  a  state  tax  of  five  cents  on  the  one  hundred  dollars 
assessed  valuation  to  be  levied  and  collected  on  all  taxable  property. 


78  DIGEST  OF  LEGISLATION 

by  the  county  court,  but  the  aggregate  indebtedness  of  the 
county  after  the  issuing  of  said  bonds  must  not  exceed  five 
per  cent  of  the  assessed  value  of  all  property  in  the  county. 
Special  road  districts  may  be  formed  and  may  issue  bonds. 

Statute  labor.  The  county  court  in  all  counties  not  under 
township  organization  may  levy,  upon  all  persons  not  exempt 
by  law,  poll  tax  of  not  less  than  three,  nor  more  than  six  dol- 
lars. This  tax  may  be  worked  out  at  the  rate  of  fifteen  cents 
per  hour. 

NEBRASKA. 

Organization.  Statutes,  1909.  County  board.  The  county 
board  has  general  supervision  over  the  public  roads.  It  di- 
vides the  county  into  road  districts.  The  roads  in  these  dis- 
tricts are  under  the  supervision  of  overseers. 

Federal  aid.  Whenever  any  county  desires  federal  aid,  the 
county  commissioners  appoint  some  person  chief  of  'highways, 
who  makes  application  to  the  Bureau  of  Public  Highways  at 
Washington. 

Federal  inspection.  Roads  improved  by  federal  aid  must  be 
inspected  by  a  federal  officer. 

Improvements,  how  paid  for.  One-half  the  cost  of  such  im- 
provements shall  be  paid  by  said  federal  aid,  at  least  one- 
fourth  by  the  residents  of  the  district  improved,  and  the  re- 
mainder by  the  county.1 

Road  Revenues.  County  levy.  For  roads,  the  levy  may  not 
exceed  five,  and  for  bridges,  four  mills  on  the  dollar. 

Special  tax.  County  commissioners  may  levy  a  special  tax 
not  exceeding  five  mills  on  the  dollar  to  pay  outstanding  road 
warrants. 

One-half  of  all  moneys  collected  constitutes  the  county  road 
fund,  and  is  equally  divided  among  the  several  commissioners' 
districts;  the  other  half  constitutes  a  district  road  fund,  and 
is  expended  in  the  road  district  from  which  it  was  collected. 

Road  improvement  levy.  On  the  petition  of  interested  parties, 
the  county  board  may  levy  a  tax  on  the  property  in  such  road 

1It  is  not  clear  how   federal   aid   is  given   or  obtained. 


STATE  GOOD  ROADS  SYSTEMS  79 

district,  township  or  precinct,  for  road  improvement  purposes. 
The  petition  may  specify  the  levy. 

Township  rate.  The  rate  of  taxes  in  townships  for  road 
purposes  may  not  exceed  ten  mills  on  the  dollar,  for  roads, 
and  not  more  than  two  mills  on  the  dollar  for  bridges. 

Statute  labor.  Sections  6102-6103.  In  case  of  sudden  emer- 
gencies, the  road  overseer  may  call  out  any  able  bodied  man 
under  fifty  years  of  age,  in  his  district,  to  work  on  the  high- 
ways. 

Poll  tax.  Every  male  inhabitant,  unless  exempt  by  law, 
must  pay  a  poll  tax  of  two  dollars  and  fifty  cents.  This,  and 
all  other  road  taxes,  must  be  paid  in  cash. 

NEVADA. 

Organisation.  All  public  roads  are  under  the  control  of 
local  overseers,  and  the  board  of  county  commissioners. 

Road  inspectors.  The  county  commissioners  may  appoint  one 
road  inspector  for  each  road  district  into  which  they  have  di- 
vided the  county. 

Contract.  When  the  cost  of  any  contemplated  road  work 
exceeds  one  hundred  dollars,  the  work  must  be  let  out  on 
contract. 

Road  Revenues.  County  fund.  The  commissioners  may 
levy  a  tax  not  to  exceed  two  and  one-half  mills  on -all  taxable 
property  of  their  county,  for  highway  purposes. 

When  petitioned  by  a  majority  of  the  property  holders  of 
any  district,  the  county  commissioners  may  levy  a  tax  not  to 
exceed  three  dollars  upon  each  one  thousand  dollars  valua- 
tion therein,  to  be  used,  for  road  purposes  within  the  district. 
This  tax  may- be  worked  out 

Poll  tax.  Each  male  citizen,  unless  exempt  by  law,  is  re- 
quired to  pay  a  poll  tax  of  three  dollars  for  the  use  of  the 
state  and  county. 

NORTH  CAROLINA. 

In  this  state  the  road  laws  vary  in  the  different  counties. 
(Laws  1909.)  " 

Organization.  Code  1905.  The  justices  of  the  peace  in 
each  township  supervise  and  control  the  public  roads,  and  are 


80  DIGEST  OF  LEGISLATION 

styled  the  board  of  supervisors  of  public  roads  of  such  town- 
ship. The  boards  of  county  commissioners  have  general  super- 
vision of  roads  in  counties. 

The  township  board  of  supervisors  divides  the  township  into 
road  districts  and  appoints  road  overseers  to  superintend  the 
road  work  therein. 

Road  Revenues.  County  tax.  The  county  commissioners  levy 
taxes  for  all  county  purposes.  The  taxes  so  levied  must  not  ex- 
ceed double  the  state  tax,  without  legislative  sanction.  Under 
this  limitation,  the  levy  of  taxes  for  road  purposes  is  left  en- 
tirely to  the  board  of  county  commissioners. 

Statute  labor.  All  male  persons  not  exempt  by  law  are 
required  to  work  on  the  public  roads  not  to  exceed  six  days 
in  any  one  year.1 

Personal  labor  may  be  commuted  by  the  payment  of  one 
dollar  for  each  day  required  to  serve. 

Convict  Labor.  The  county  commissioners,  or  counties 
jointly,  may  work  the  county  convicts  on  the  public  roads. 

The  state  prison  authorities  must  furnish  not  exceeding 
twenty-five  state  prison  convicts,  if  requested  by  the  county 
commissioners,  to  work  on  the  public  roads. 

NORTH  DAKOTA. 

Organization.  Code  1905.  The  highways  are  built  and  re- 
paired under  the  direction  of  township  road  overseers,  or,  in 
counties  not  under  township  organization,  the  county  commis- 
sioners divide  each  county  into  road  districts  and  appoint  a 
supervisor  over  each. 

Road  Revenues.  Road  and  bridge  fund.  In  each  county  hav- 
ing a  population  of  two  thousand  or  more,  a  tax  of  not  less 
than  one  mill  on  each  dollar  of  taxable  valuation,  except  in 
incorporated  cities  and  villages,  may  be  levied  for  road  and 
bridge  purposes. 

The  road  tax  may  not  exceed  five  mills,  nor  the  bridge  tax 
two  mills  on  the  dollar. 


1A    number    of    counties    have    abolished    statute    labor    and    require    the 
payment    of    road    taxes    in    cash.      Most    counties    are    under    special    laws 

Tiassed      hv     the     PPllPral      nccpmHI-u- 


by   the   general    assembly. 


STATE  GOOD  ROADS  SYSTEMS  81 

Statute  labor.  This  tax  may  be  worked  out  at  the  rate  of 
one  dollar  and  fifty  cents  per  day. 

Township  levy.  A  township  road  tax,  not  to  exceed  eight 
mills,  and  a  bridge  tax  not  to  exceed  two  mills  on  each  dol- 
lar of  assessed  valuation,  may  be  levied  by  the  electors  at  the 
annual  township  meeting.  This  tax  may  be  worked  out  unless 
the  township  lets  the  building  or  grading  of  roads  on  con- 
tract, when  this  tax  must  be  paid  in  cash.  (Section  3210.) 

Poll  tax.  Every  male  inhabitant,  not  exempt  by  law,  is  re- 
quired to  pay  a  road  poll  tax  of  one  dollar  and  fifty  cents.  This 
tax  may  be  paid  by  one  day's  labor  on  the  road. 

OKLAHOMA. 

Organisation.  The  county  commissioners  have  general  super- 
vision of  county  roads.  The  township  board  has  general  super- 
vision of  the  roads  thereof,  and  the  members  are  known  as  high- 
way commissioners. 

Road  districts.  The  township  highway  commissioners  divide 
the  township  into  road  districts  and  appoint  supervisors  to. 
take  charge  of  the  road  work. 

County  engineer.  The  board  of  county  commissioners  of  racrh 
county  in  the  state  may  appoint  a  civil  engineer  and  resident 
of  the  county  as  county  engineer,  who  serves  for  one  year. . 
He  inspects  and  superintends  all  road  work  within  his  county. . 

Improvement  districts.  Road  improvement  districts  consist-- 
ing of  not  less  than  eighteen  square  miles  in  area  may  be' 
created  in  any  county  upon  a  written  petition  signed  by  fif- 
teen  per  cent  of  the  qualified  electors  of  the  proposed  district.. 
Seventy-five  per  cent  of  the  cost  of  road  improvement  tnersina 
is  borne  by  the  district  and  twenty-five  per  cent  by  the  county. 

Road  Revenues.  Compiled  Laws  1909.  Road  and  bridge 
tax.  The  township  board  may  levy  a  general  road  and  bridge 
tax  not  to  exceed  five  mills  on  the  dollar. 

County  bonds.  County  bonds  for  road  purposes  may  foe  is- 
sued not  in  excess  of  two  per  cent  of  the  assessed  valuation 
of  the  county  if  three-fifths  of  the  electors  vote  in  favor  of 
the  proposition. 

Township   bonds.     Upon   the   approval    of   three-fifths   of  the 


82  DIGEST  OF  LEGISLATION} 

voters  of  the  township  at  an  election,  the  township  board  may 
issue  bonds  not  to  exceed  three  per  cent  of  the  assessed  valu- 
ation of  the  township,  for  highway  improvement.  To  provide  a 
sinking  fund  for  the  payment  of  these  bonds,  a  special  tax 
may  be  levied. 

Statute  labor.  Laws  1910.  Every  male  citizen,  not  exempt 
by  law,  is  subject  to  four  days'  work  upon  the  public  high- 
ways, or,  in  lieu  thereof,  a  payment  of  five  dollars. 

Convict  Labor.  Compiled  Laws  1909.  The  board  of  prison 
control  is  authorized  to  provide  for  the  working  of  convicts 
on  the  public  roads.  Convicts  are  maintained  at  the  expense 
of  the  county,  and  are  distributed  equitably  among  the  judi- 
cial districts  of  the  state,  the  roads  to  be  worked  being  desig- 
nated by  the  county  commissioners. 

OREGON. 

Organization.  General  Laws  1903.  The  public  highways  are 
under  the  general  supervision  of  the  county  courts  The  court 
divides  the  county  into  a  convenient  number  of  road  districts 
and  appoints  a  road  supervisor  over  each  district  to  have  charge 
of  the  road  work. 

County  road  masters.  The  county  court  may  appoint  a  road 
master  or  masters,  who  must  devote  his  whole  time  to  the  mat- 
ter of  roads  and  bridges.  The  road  work  is  done  by  contract 
or  hired  labor. 

Road  Revenues.  Laws  1909.  County  road  fund.  The  county 
court  or  commissioners'  court  may  levy  a  tax  for  road  purposes 
of  not  to  exceed  ten  mills  on  the  dollar. 

Fifty  per  cent  of  the  money  so  collected  is  equitably  ap- 
portioned among  the  several  road  districts.  This  tax  must 
be  paid  in  cash. 

Special  levy.  The  taxpayers  of  any  road  district  may  vote 
for  an  additional  levy  for  road  purposes,  at  a  meeting  held 
for  that  purpose  by  at  least  ten  per  cent  of  said  taxpayers. 

Poll  tax.  General  laws  1903,  page  275.  Every  male  inhabi- 
tant between  the  ages  of  twenty-one  and  fifty  years  must  an- 
nually pay  a  cash  road  poll  tax  of  three  dollars. 


STATE  GOOD  ROADS  SYSTEMS  83 

SOUTH  CAROLINA. 

Organisation.  Code  1902.  The  supervision  and  control  of 
roads  varies  in  the  several  counties  of  the  state  In  most  coun- 
ties the  supervision  is  vested  in  the  board  of  county  commis- 
sioners and  the  county  supervisors,  while  in  others  the  town- 
ship board  of  commissioners  has  concurrent  jurisdiction. 

The  township  board  in  the  last  mentioned  counties,  with 
the  approval  of  the  county  commissioners  or  the  supervisors 
of  the  county,  divides  the  townships  into  a  suitable  number  of 
road  districts,  and  appoints  an  overseer  for  each  district. 

In  the  first  mentioned  counties  the  county  commissioners 
divide  the  highway  into  suitable  sections,  and  appoint  one  over- 
seer for  each  section. 

Contract  work.  Certain  counties  have  been  authorized  by 
the  general  assembly  to  adopt  the  contract  system  of  working 
the  roads.  (Laws  1909,  No.  100.) 

Road  superintendents.  These  counties  are  authorized  by  law 
to  employ  superintendents  and  engineers  to  lay  out  and  plan 
the  road  work.1 

Road  Revenues.  Taxes.  The  county  or  township  boards  of 
commissioners  may  levy  a  road  tax  not  to  exceed  one  mill  on 
the  dollar  unless  an  additional  levy  is  authorized  by  law. 

Special  tax..  Laws  1904,  No.  216.  When  the  electors  of  a 
township  vote  for  a  special  road  tax,  the  township  board  may 
levy  the  same,  but  not  to  exceed  two  mills  on  the  assessed 
valuation  of  the  township. 

Statute  labor.  Laws  1904.  All  male  persons  not  exempt 
by  law,  are  required  to  perform  labor  on  the  public  highways 
for  such  number  of  days,  not  less  than  two  nor  more  than 
eight,  as  may  be  fixed  by  the  county  commissioners.2  This 
tax  may  be  commuted  by  a  cash  payment  at  a  rate  fixed  by 
the  county  commissioners,  but  not  less  than  one  nor  more  than 
three  dollars  per  day  may  be  required. 

Convict  Labor.  Code  1902.  The  county  supervisors  may  em- 
ploy county  chain  gangs  on  the  public  highways. 

xCode  1902 ,  section  1381.  Any  county  may  adopt  the  contract  system. 
But  most  counties  operating  under  this  system  are  under  special  laws. 

2Laws  1909,  No.  100.  The  age  limits  vary  in  the  several  counties. 
In  some,  all  taxes  including  the  labor  tax,  must  be  paid  in  cash. 


84  DIGEST  OF  LEGISLATION' 


SOUTH  DAKOTA. 

Organization.  Code  1903.  The  county  commissioners  have 
general  supervision  of  the  highways. 

In  counties  under  township  organization,  the  township  su- 
pervisors have  supervision  of  the  roads  within  their  respective 
townships.  (Laws  1907,  chapter  162.) 

In  counties  not  under  township  organization,  the  commis- 
sioners divide  the  county  into  a  suitable  number  of  road  dis- 
tricts and  appoint  a  road  supervisor  for  each  district. 

Road  Revenues.  County  tax.  The  board  of  county  com- 
missioners may  levy  a  tax  for  county  roads  not  to  exceed  two 
mills  on  the  dollar. 

Township  tax.  The  township  board  may  levy  a  road  tax 
of  not  to  exceed  fifty  cents  on  each  one  hundred  dollars  valu- 
'ation  But  no  tax  for  highway  labor  and  road  purposes  may 
exceed  the  amount  voted  to  be  raised  at  the  annual  town  meet- 
ing 

Statute  labor.  Road  taxes  may  be  paid  by  labor  unless  the 
township  has  adopted  the  cash  system.  The  road  work  in  any 
township  which  has  adopted  the  cash  system  is  let  out  on  con- 
tract. (Laws  1909,  chapter  162.) 

Poll  tax.  Every  male  person  between  the  ages  of  twenty- 
one  and  fifty  years,  unless  exempt  by  law,  is  subject  to  a  poll 
tax  of  one  dollar  and  fifty  cents  which  must  be  paid  in  money 
or  by  one  day's  labor  on  the  public  roads. 

TENNESSEE. 

Organisation.  Acts  1909,  chapter  561  State  Highway  Com- 
mission. A  state  commission  on  public  roads  is  created,  con- 
sisting of  three  members  appointed  by  the  governor,  one  from 
each  grand  division  of  the  state,  for  a  term  of  three  years  and 
without  compensation. 

The  commission  investigates  the  work  of  the  United  States 
government  in  the  matter  of  public  roads  and  reports  at  each 
session  of  the  General  Assembly,  giving  the  results  of  its  in- 
vestigations, together  with  such  recommendations  as  may  seem 
proper. 

Local   organization   and    supervision   of  highways   vary   in   the 


STATE  GOOD  ROADS  SYSTEMS  85 

different  counties.  In  general,  the  county  court  elects  a  road 
commissioner  of  the  county,  who  has  general  supervision  over 
the  public  highways. 

Contract.  All  highways  in  the  state  are  worked  by  con- 
tract. The  contractor  has  the  benefit  of  the  road  hands  as- 
signed to  his  section,  and  is  entitled  to  the  commutation  money 
of  such  as  choose  to  commute. 

Road  Revenues.  Acts  1899,  chapter  368.  County  tax.  The 
county  court  may  levy  a  tax  for  road  purposes,  of  not  less 
than  five,  nor  more  than  forty  cents  on  the  hundred  dollars 
valuation. 

One-half  the  labor  and  one-half  the  money  paid  in  commu- 
tation of  labor,  and  one-half  the  road  fund  raised  by  taxation, 
belonging  to  any  road  district,  must  be  used  for  the  "construc- 
tion of  permanent  roads.  (Laws  1903,  chapter  242.) 

Statute  labor.  All  male  residents,  not  exempt  by  law,  are 
required  to  work  on  the  roads  not  less  than  foul  nor  more 
than  eight  days  in  any  one  year,  as  may  be  fixed  by  the  county 
c'ourt,  or,  in  lieu  thereof,  pay  seventy-five  cents  per  day. 

Convict  Labor.  Acts  1899,  chapter  358.  Prisoners  confined 
in  the  county  jails  may  be  worked  under  contract  on  the.  pub- 
lic roads. 

TEXAS. 

Organisation.  Code  1899.  The  county  commissioners  have 
general  supervision  over  the  highways.  Each  commissioner  is 
supervisor  of  roads  within  his  precinct. 

The  commissioners'  court  divides  the  county  into  precincts 
and  appoints  overseers  to  supervise  the  road  work  therein. 

Road  Revenues.  Code  1899.  Taxes.  The  county  commis- 
sioners may  levy  and  collect  taxes  for  all  purposes. 

County  bonds.  General  laws  1903,  chapter  4.  The  county 
commissioners  may  issue  bonds  for  road  and  bridge  purposes, 
provided  a  majority  of  the  voters  of  the  county  favor  such 
issue. 

Statute  labor.  Statutes,  1899.  All  male  persons,  not  ex- 
empt by  law,  are  required  to  work  on  the  public  highways  not 


86  DIGEST  OF  LEGISLATION 


exceeding  five   days   each  year,   or   in  lieu  thereof  pay  one  dol- 
lar per  day. 

Convict  Labor.  County  convicts  must  be  -put  to  work  upon 
the  public  highways  if  they  cannot  be  utilized  in  the  work 
house  or  on  the  county  farm. 

UTAH. 

Organization.  State  Aid.  Compiled  Laws  1903.  Sec.  1143X. 
When  the  county  commissioners  decide  to  improve  a  portion 
of  the  state  highway  system  permanently,  they  notify  the  state 
engineer,  who  prepares  plans  and  specifications  and  estimates 
of  the  cost.  He  also  passes  on  the  contract  before  it  is  let, 
and  if  he  approves  of  the  whole  the  state  becomes  liable  for 
one-half  of  the  cost  of  the  work. 

The  county  commissioners  have  general  supervision  over  the 
public  highways.  They  divide  their  respective  counties  into  a 
suitable  number  of  road  districts  and  appoint,  biennially,  super- 
visors therefor.  They  may  also  appoint  a  county  road  commis- 
sioner biennially.  He  takes  charge  of  the  public  roads  and  pre- 
pares plans  and  specifications  of  road  improvements  Laws 
1909,  chapter  118.) 

Road  Revenues.  Code  1907.  No  tax  is  levied  specifically  for 
road  purposes,  but  the  county  commissioners  may  appropriate 
such  sums  therefor  as  they  deem  necessary. 

County  bonds.  The  county  commissioners  may  issue  bonds 
for  road  purposes  when  a  majority  of  the  legal  voters,  paying 
a  property  tax,  favor  such  issue. 

Special  districts.  Laws  1909,  chapter  180.  County  commis- 
sioners may  divide  their  counties  into  special  tax  districts 
for  the  purpose  of  constructing  permanent  roads  and  may  levy 
a  special  road  tax  therein. 

The  property  so  taxable  is  divided  into  three  equal  sections. 
The  first  section  lies  adjacent  to  the  said  road  and  bears  fifty 
per  cent  of  the  cost  thereof.  The  middle  section  bears  thirty 
per  cent,  and  the  section  most  remote  from  the  road  bears 
twenty  per  cent  of  the  special  tax.1 

^The    sections    herein    referred    to    embrace    corresponding    divisions    on 
1   e  °  ^  *  " 


conty  each    wa      to  a 


STATE  GOOD  ROADS  SYSTEMS  87 

Statute  labor.  Poll  tax.  An  annual  road  poll  tax  of  two 
dollars  is  levied  upon  persons  not  exempt  by  law,  and  must  be 
paid  in  cash.  (Laws  1907,  Chapter  118.) 

Code  1907.  Any  county  road  designated  by  the  county  com- 
missioners and  approved  as  such  by  the  state  engineer,  may  be- 
come a  part  of  the  state  system  of  highways. 

The  state  legislature  makes  special  appropriations  for  road 
purposes. 

Manual  on  Road  Building.  The  state  enginner  prepares  a 
manual  on  road  building  for  free  distribution  among  the  sev- 
eral county  supervisors  for  the  promotion  of  uniformity  in  road 
building. 

WISCONSIN. 

Organisation,  County  commissioner  of  highways.  The 
county  board  elects  a  county  road  commissioner,  who  must  be 
a  competent  engineer  or  road  builder.  He  has  general  super- 
vision of  all  county  roads. 

Town  superintendent.  The  board  appoints  a  town  superin- 
tendent of  roads,  who  has  general  supervision  of  the  highways 
therein. 

Statute  labor.  Poll  tax.  Every  able  bodied  man,  not  ex- 
empt by  law,  is  required  to  pay  a  road  poll  tax  of  one  dollar 
and  fifty  cents.  This  tax  may  be  worked  out. 

Road  Revenues.  Laws  1909.  Town  tax.  A  highway  tax  of 
not  less  than  one  nor  more  than  seven  mills  on  the  dollar 
is  assessed  annually  in  each  town  or  superintendent's  district. 
An  additional  levy  of  not  to  exceed  fifteen  mills  on  the  dollar 
may  be  levied  if  the  same  has  been  authorized  by  a  vote  of 
the  town  meeting.1 

Town  bonds.  The  town  board  may  issue  bonds,  not  ex- 
ceeding five  thousand  dollars  in  the  aggregate,  for  road  build- 
ing. 

County  tax.  The  counties  may  levy  a  tax  of  not  to  exceed 
two  mills  for  the  purpose  of  building  county  roads. 

County  bonds.       County  bonds  may  be  issued   for  road  pur- 

1These  taxes  may  be  worked  out  unless  the  town  board  has  adopted 
the  cash  system. 


DIGEST  OF  LEGISLATION 


poses  not  to  exceed,  at  one  time,  one  per  cent  of  the  total  as- 
sessed valuation. 

Special  tax.  The  electors  of  any  town  at  the  annual  meet- 
ing may  vote  a  special  highway  tax  of  not  less  than  one-half 
or  more  than  one  mill  on  the  dollar  of  the  assessed  valua- 
tion. This  tax  must  be  collected  in  money  and  used  only  for 
the  construction  and  improvement  of  permanent  highways. 

County  aid.  In  the  construction  of  such  permanent  roads,  the 
towns  are  aided  by  the  county  to  the  extent  of  one-half  the 
.cost  The  county  tax  for  this  purpose  may  not  exceed  three- 
fourths  of  one  mill  on  the  dollar  of  assessed  valuation. 

WYOMING. 

Organization.  Compiled  statutes  1910.  All  county  roads 
are  under  the  supervision  of  the  county  commissioners. 

Road  Districts.  Supervisors.  The  county  commissioners 
may  divide  the  county  into  as  many  road  districts  as  they  may 
deem  practicable,  and  a  supervisor  is  elected  for  each  district. 

In  case  the  county  is  not  divided  into  road  districts,  a  county 
supervisor  of  roads  is  elected  by  the  voters  of  the  county. 

Road  Revenues.  For  county  revenue  or  all  purposes  there 
is  levied  annually  a  tax  of  not  to  exceed  twelve  mills  on  the 
dollar.  From  the  general  fund  so  collected  the  county  commis- 
sioners appropriate  money  for  road  purposes. 

Statute  labor.  Poll  tax.  The  county  commissioners  may  an- 
nually levy  upon  each  able  bodied  man,  not  exempt  by  law,  a 
special  poll  or  road  tax  of  two  dollars.  This  tax  may  'be 
paid  by  one  day's  labor  on  the  highways. 

Convict  Labor.  County  convicts  may  be  put  to  work  upon 
the  highways  and  streets. 


STATE  GOOD  ROADS  SYSTEMS  89 


APPENDIX  I. 


The  State  Highway  Department. 

How  constituted.  The  state  department  consists  of  one  sal- 
aried commissioner  or  engineer  appointed  by  the  governor  or 
elected  by  the  people  for  a  definite  term  in  Connecticut,  Dela- 
ware, Maine,  Michigan,1  New  Hampshire,2  New  Jersey,  Ohio, 
Pennsylvania  Vermont  and  West  Virginia. 

It  consists  of  salaried  commissioners  three  in  number,  except 
in  Maryland  where  they  are  five,  in  Colorado,  Maryland,  Mas- 
sachusetts and  New  York.3 

It  consists  of  unsalaried  commissioners  appointed  by  the  gov- 
ernor for  a  given  term  and  having  only  general  supervision  of 
the  work,  which  is  done  by  a  secretary  who  is  a  civil  engineer, 
or  an  engineer,  in  Illinois,  Minnesota,  Rhode  Island  and  Ten- 
nessee. 

It  consists  of  an  ex-ofificio  board,  sometimes,  but  not  always, 
comprising   the    heads    of    engineering    schools    or    departments 
of   a   non-political    nature,    in    California,    Idaho,    New    Mexico, 
Virginia  and  Washington.4 
Powers  and  Duties. 

The  state  highway  department  must  prepare  or  approve  the 
plans  and  specifications  of  highways  to  be  improved  at  the  ex- 
pense or  by  the  aid  of  the  state,  and  supervise  the  work  of 
construction  in  all  states  granting  state  aid. 

It  passes  upon  contracts  for  highway  improvement  by  the  aid 
of  state  funds  before  the  same  are  finally  let  or  itself  lets 
the  same,  in  California,  Colorado,  Connecticut,  Miaine,  Mary- 
land, Massachusetts,  Minnesota,  New  Hampshire,  New  Jersey, 


aElected   by  the   people. 

2Appointed  by  the   governor  and  council. 

3The  special  legislative  committee  on  highways  for  Wisconsin  recom- 
mends this  type  of  commission.  Report  1910,  p.  13. 

4The  Model  Bill  prepared  by  the  department  of  Public  Roads,  Wash- 
ington, D.  C. ,  recommends  this  form  of  commission  as  most  likely  to 
remain  free  from  political  influences. 


1 

90  EUGEST  OF  LEGISLATION 

New    York,    Ohio,    Pennsylvania,    Rhode    Island,    Vermont    and 
Washington. 

It  selects  or  approves  the  selection  made  by  the  local  au- 
thorities of  roads  to  be  permanently  improved  wholly  by  state 
funds  or  by  state  aid  in  California,  Colorado,  Connecticut, 
Maine,  Maryland,  Massachusetts,  Michigan,  New  Jersey,  New 
York,1  Ohio,  Pennsylvania,  Rhode  Island,2  Vermont  and  Wash- 
ington. 
Members. 

Qualifications — 

1.  Qualified  electors  in  Rhode  Island. 

2.  One   commissioner   must  be    a   civil   engineer   in    New 
York.     J\Ton-partisan. 

No  more  than  two  members  of  the  commission  may  be- 
long to  the  same  political  party  in  Illinois,  Minnnesota  and 
New  York. 

No  qualifications  prescribed  in  California,  (ex  officio) 
Colorado,  Idaho,  Illinois,  Maryland,  Massachusetts,  Minne- 
sota and  New  Mexico. 


'Both   state   and    county   highways    are   selected   by   the   state   commission. 
2Selection    must    be    approved    by    the   general   assembly    before    the    work 
of  improvement   is   completed. 


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STATE  GOOD  ROADS   SYSTEMS  93 

APPENDIX  II. 

LOCAL    BONDS. 

The  following  states  not  granting  state  aid  in  highway  con- 
struction, have  given  the  counties,  townships  or  road  districts 
power  to  issue  bonds  "for  the  permanent  improvement  of  wagon 
roads :  Arkansas,  Indiana,  Kansas,  Louisiana,  Mississippi, 
Missouri,  Oklahoma,  Texas,  Utah  and  Wisconsin. 

Of  the  states  improving  highways  wholly  or  partly  at  state 
expense,  the  folowing  have  given  the  localities  power  to  issue 
bonds  for  the  construction  of  roads:  California,  Colorado, 
Connecticut,  Idaho,  Illinois,  Michigan,  Minnesota,  New  Jer- 
sey, New  York,  Ohio,  Pennsylvania,  Vermont,  Virginia,  Wash- 
ington and  West  Virginia. 


APPENDIX  III. 


COST    OF   BUILDING    ROADS. 

The  following  table  has  been  inserted  because  of  the  in- 
sistent demand  for  some  figures  relating  to  the  actual  cost  of 
building  roads  of  different  materials.  The  practical'  difficul- 
ties in  the  way  of  obtaining  statistics  that  mean  anything,  are 
so  clearly  apparent  as  not  to  need  an  extended  enumeration. 
Everything  depends  upon  local  conditions  and  the  cost  there- 
fore varies  in  different  localities  of  the  same  state.  The  ex- 
cavation per  mile,  the  location  of  the  material  and  the  freight 
thereon,  the  prevailing  rate  of  wages,  the  width  of  the  road, 
the  difficulties  of  drainage,  the  thickness  of  the  metal  and  the 
methods  used  in  putting  it  on,  are  some  of  the  elements  en- 
tering into  the  items  of  cost  that  vary  in  every  locality.  More- 
over, statistics  have  not  been  kept  and  published  except  in  a 
few  states,  and  in  these  the  method  of  reporting  is  quite  in- 
complete and  unsatisfactory  to  the  student  at  a  distance.  Some 
of  the  figures  given  below  have  been  obtained  from  published 
reports  of  state  highway  departments,  while  others  have  been 
secured  by  correspondent  with  engineers  or  state  highway  au- 
thorities. 


DIGEST  OF  LEGISLATION 


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DIGEST  OF  LEGISLATION 


APPENDIX  IV. 


STATE  AID   OR  TOTAL   STATE  EXPENDITURE   FOR 

HIGHWAY  PURPOSES  BY  YEARS  SINCE 

POLICY  WAS  ADOPTED. 


ILLINOIS 

NEW 

JERSEY—  Continued. 

Year 

Amount 

Year 

Amount 

1905 

$     25,000.00 

1895     

100,000.00 

1906 

25,000.00 

1896     

100,000.00 

1907 

50,000.00 

1897     

100,000.00 

1908 

50,000.00 

1898     

100,000.00 

1909 

65,000.00 

1899     

150,000.00 

1910 

65,000.00 

1900     .... 

150,000.00 

1901     

150,000.00 

MAINE 

1902      

250,000.00 

1902 
1903 
1904 
1905 
1906 
1907 
1908 

15,000.00 
40,000.00 
40,000.00 
40,000.00 
50,000.00 
70,000.00 
131,577.00 

1903     ... 
1904      
1905     .    , 
1906     .... 
1907 
1908     .... 
1909     

250,000.00 
250,000.00 
285,000.00 
400,000.00 
250,000.00 
300,000.00 
300,000.00 

1909 
1910 

142,757.00 
321,159.00 

NEY    YORK 

1898-1909 

11,000,000.00 

MICHIGAN 

1906 

20,000.00 

1907 

50,000.00 

1905     

10,000.00 

1908 

100,000.00 

1906-1907 

300,000.00 

1909 

150,000.00 

1908     

440,000.00 

1910 

140,000.00 

1909     

486,577.75 

1910     .... 

586.654.00 

MINNESOTA. 

PENNSYLVANIA. 

1907 
1908 
1909 

54,000.00 
56,000.00 
75,000.00 

1903-1904 
1904-1905 
1905-1906 

500,000.00 
500,000.00 
1,250,000.00 

1905 
1906 
1907 
1908 

NEW    HAMPSHIRE. 
125,000.00 
125,000.00 
125,000.00 
125,000.00 

1906-1907 
1907-1908 
1908-1909 
1909-1910 
1910-1911 

1,250,000.00 
2,000,000.00 
2,000,000.00 
1,000,000.00 
1,000,000.00 

1909 

,  375,000.00 

VIRGINIA 

NEW  JERSEY 

1907 
1908     

66,000.00 
99,800.00 

1892 

20,661.85 

1909     

329,800.00 

1893 

71,237.22 

1910     

*234,800.00 

1894 

74,696.03 

*Plus    auto    tax. 

THIS 


DATE 


AN  INITIAL  FINE  OF  25  CENTS 

WILL   BE  ASSESSED   FOR   FAILURE  TO    RETURN 
THIS   BOOK   ON   THE   DATE   DUE     THE   PPNIAI  -™ 

"AY"  AND*  TO"'  T°  5°  CENTS  °N  ™*™*™ 

OVERDUE.  $I'°°    °N     THE    SEVENTH     DAY 


LD  21-100w-7,'39(402s) 


Binder 
Gaylord  Bros. 

Makers 
Syracuse,  N.  Y. 

PAT.  JAN  21,  1908 


583980 


N 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


